U.S. v. Funds From Fifth Third Bank
Nov 04, 2013OUTCOME: Summary judgment for my client, recovery of the $135,596 unlawfully seized from my client, and recovery of all of my client's attorney fees--$58,267.
IRS seized $135,596 from client's bank account without notice. Seizure violated Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution; was an excessive fine in violation o ... f the Eighth Amendment to the U.S. Constitution; and violated the Civil Asset Forfeiture Reform Act of 2000. Opinion and Order granting Motion for Summary Judgment at 2013 U.S. Dist. LEXIS 157447 (E.D. Mich. 2013). Order granting our Motion for Attorney Fees in full at 2014 U.S. Dist. LEXIS 27783 (E.D. Mich. 2014). Based upon result in this case, Government conceded two other cases--U.S. v. Thirty-Five Thousand Six Hundred Fifty-One Dollars and Eleven Cents, Case No. 4:13-cv-134118 (E.D. Mich. 2013); and U.S. v. Thirty-Three Thousand Two-Hundred Forty-Four Dollars and Eighty-Six Cents, Case No. 2:13-cv-13990 (E.D. Mich. 2013).
