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United States v. Bank of America Account Number XXXXXXXX6055

April 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BANK OF AMERICA ACCOUNT NUMBER XXXXXXXX6055 IN THE NAME OF LATEST TECHNOLOGY INTERNATIONAL VALUED AT THREE HUNDRED FIFTY FOUR THOUSAND ONE HUNDRED FORTY FOUR DOLLARS AND FORTY FOUR CENTS ($354,144.44) IN U.S. CURRENCY, DEFENDANT IN REM.



The opinion of the court was delivered by: Hon. George Caram Steeh

FINDINGS AND ORDER TO ANSWER FOLLOWING REMAND BY THE SIXTH CIRCUIT COURT OF APPEALS (DOC. 23, 24)

The court conducted a hearing this date following remand from the Sixth Circuit Court of Appeals and a mandate issued November 24, 2009. The plaintiff and claimant agreed that the facts pertinent to the issues identified by the Court of Appeals are undisputed. The Court heard argument by both sides and based upon the reasons stated on the record, concludes as follows:

1) The United States Secret Service received claimant's administrative claim on February 22, 2007, and as a matter of law, her claim shall be considered "filed" for purposes of 18 USC § 983(c)(3)(A) on that date,

2) The government filed its complaint untimely, ninety-two days after the claim was filed, and,

3) The government has shown good, sufficient cause to excuse its two day delay in filing the complaint in this case.

4) The court finds that Supplemental Rule G applies generally to this forfeiture action in rem, and only to the extent Rule G does not address an issue will Supplemental Rules C and E and the Federal Rules of Civil Procedure also apply.

Claimant shall answer the government's complaint on or before June 22, 2010, and comply with the scheduling order also entered this date.

IT IS SO ORDERED.

GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE

20100422

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