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United States v. $557,933.89, Seized from Mercado-Filpo

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Submitted: May 4, 2001

On an appeal from a judgment of civil forfeiture entered in favor of the United States by the United States District Court for the Eastern District of New York (John Gleeson, Judge), claimant asserts that the district court erred in denying his motion to suppress evidence obtained from the allegedly unlawful seizure of the defendant funds; that, absent the improperly obtained evidence, the government failed to establish probable cause for forfeiture; and that the government’s forfeiture action should have been dismissed for failure to institute it promptly after the warrantless seizure. We hold that the district court correctly found no Fourth Amendment violation in the seizure, that the government met its burden of establishing probable cause for forfeiture, and that there was no unreasonable delay warranting dismissal of the government’s forfeiture claim.

Affirmed.

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