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United States v. Alquzah

United States District Court, W.D. North Carolina, Charlotte Division

March 13, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
NASSER KAMAL ALQUZAH (10), Defendant. PETITION OF MAY S. HASSOUNEH

Page 819

[Copyrighted Material Omitted]

Page 820

For May S. Hassouneh, Amer Quzah, Claimants: R. Corey B. Atkins, LEAD ATTORNEY, Barnett & Associates, P.A., Asheville, NC.

For USA, Plaintiff: Jill Westmoreland Rose, LEAD ATTORNEY, United States Attorney, Asheville, NC; Michael E. Savage, William A. Brafford, LEAD ATTORNEY, U.S. Attorney's Office, Charlotte, NC; Jennifer Lynn Dillon, United States Attorneys Office, Charlotte, NC; Paul B. Taylor, United States Attorney Office, Asheville, NC.

Page 821

ORDER

Frank D. Whitney, Chief United States District Judge.

THIS MATTER is before the Court on the Government's Motion to Dismiss the petition in part and for partial summary judgment (Doc. No. 549) as to properties which have been preliminarily forfeited in this case. Petitioner is Defendant's wife. Except for Petitioner's partial interests in two real properties located in Kentucky and in one bank account, the Government moved to dismiss her petition for lack of standing or, in the alternative, for summary judgment.

For the reasons which follow, the Government's motion for partial summary judgment is GRANTED.

I. BACKGROUND

Defendant was convicted at trial of conspiracy in violation of 18 U.S.C. § 371 to commit violations of 18 U.S.C. § 2314 (interstate transportation of stolen property) and § 2315 (receiving stolen property in interstate commerce), as well as money laundering conspiracy under 18 U.S.C. § 1956(h) and substantive money laundering crimes. The property consisted of cigarettes which were represented to be stolen as part of a " sting" operation by undercover law enforcement agents. See 18 U.S.C. § 21.

The following assets were listed in the Preliminary Order of Forfeiture (Nunc Pro Tunc) (the " Preliminary Order" ) filed herein on February 10, 2014, (Doc. 446), and have been contested by Petitioner:

Financial accounts.
1. First Federal Charleston xxxxxx8483.
. . .
4. First Federal Charleston xxxxxx1906 (funds transferred from xxxxx1782).
5. First Federal Charleston xxxxxx8587.
6. Wells Fargo xxxxxxxxx2464.
. . .
The following real property (or a substitute res, if applicable).
1. 1609 Oakhurst Dr., Mt. Pleasant, SC.
2. 337 Whitfield Dr., ...

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