MEMORANDUM OPINION AND ORDER
A. JOE FISH, Senior District Judge.
Before the court are the cross-motions for summary judgment of the plaintiff United States of America ("the plaintiff" or "the United States") (docket entry 21) and the defendant Mankengo Mwalumba ("the defendant" or "Mwalumba") (docket entry 22). For the reasons discussed below, the defendant's motion is denied, and the plaintiff's motion is granted.
I. BACKGROUND
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