United States v. $328,910.00 in U.S. Currency
| Decision Date | 21 April 2020 |
| Docket Number | Case No. 4:14-cv-00757-KGB |
| Parties | UNITED STATES OF AMERICA PLAINTIFF v. $328,910.00 IN U.S. CURRENCY DEFENDANT WILLIE LEE CLAIMANT |
| Court | U.S. District Court — Eastern District of Arkansas |
This matter came before the Court for a bench trial.1 Plaintiff, the United States of America ("the Government"), was represented by counsel, and claimant Willie Lee was represented by counsel. Pursuant to Federal Rule of Civil Procedure 52(a), the Court makes the following specific findings and conclusions:
I. Findings Of Fact
1. According to Mr. Lee's answer of defendants and verified claim of claimant, this case was initially filed in Pope County, Arkansas, Circuit Court as a state forfeiture case (Dkt. No. 3, ¶ 13).
2. On December 29, 2014, the Government filed a verified complaint in rem in this Court as a civil forfeiture action pursuant to the Civil Asset Forfeiture Reform Act of 2000 ("CAFRA"), 18 U.S.C. § 983 et seq., against defendants a 2001 Honda Accord, VIN1HGCG16581A028210 ("the Honda Accord"), and $328,910.00 in United States currency ("the defendant currency") (Dkt. No. 1).
3. Mr. Lee filed an answer and verified claim of claimant, asserting a property interest in the Honda Accord and the defendant currency (Dkt. No. 3).
4. In an Order dated May 9, 2018, the Court dismissed without prejudice the Honda Accord from this case (Dkt. No. 20).
5. On February 26, 2014, Sergeant Chris Goodman, then a corporal with the Arkansas State Police, pulled over a car carrier in Pope County for improper lane usage.
6. According to Sergeant Goodman, before he pulled the car carrier over, he ran the license plate of the last car on the car carrier, which was the Honda Accord. Sergeant Goodman testified that he learned that the Honda Accord was registered to Willie Lee and Andrew Jordan (also known as Peter Morris and John Stephen Garner), both from Little Rock, Arkansas.
7. After pulling over the car carrier, Sergeant Goodman approached the driver, Batkhishig Lkhaijav, told Mr. Lkhaijav who he was and why he pulled the car carrier over, and asked Mr. Lkhaijav for his driver's license, log book, and the bills of lading for the cars on the car carrier. The parties do not dispute that Mr. Lkhaijav is the owner of Taisa Transport, LLC, which owned the car carrier and had been hired to transport the Honda Accord from Little Rock to Los Angeles, California (Dkt. No. 32, at 1; Government's Proposed Findings of Fact and Conclusions of Law,2 ¶¶ 1-2).
8. According to the "Bill of Lading, Vehicle Inspection Report," the Honda Accord was shipped by "Howard," with a Little Rock address, to "Dewitt/Nina Smith," with a Los Angeles address. Government's Trial Ex. 3.
9. Sergeant Goodman testified that it was very unusual that the bill of lading for the Honda Accord did not include the name of either of the vehicle's registered owners because the registered owner is almost always either the shipper or receiver of a vehicle.
10. Sergeant Goodman also testified that he attempted to call the phone numbers listed on the bill of lading for the shipper and receiver. Sergeant Goodman stated that he made several attempts to contact "Howard" at the number listed on the bill of lading from both his cellular phone and the driver of the car carrier's cellular phone, but was unsuccessful. Sergeant Goodman estimated that he made the traffic stop and attempted to contact "Howard" within an hour or so after the Honda Accord had been loaded for transport. After calling the number listed for "Dewitt/Nina Smith," Sergeant Goodman spoke with an individual who said that his middle name was "Dewitt" but that he did not know anything about the Honda Accord and was not expecting a car.
11. After calling the phone numbers listed on the bill of lading, Sergeant Goodman testified that he was given permission by Mr. Lkhaijav to search the Honda Accord. Sergeant Goodman found a compartment built into the trunk of the vehicle located behind a large speaker box and, with the assistance of Arkansas State Police Corporal Chase Melder, then a trooper with the Arkansas State Police, was able to access the compartment. The compartment was screwed down tightly and was difficult to open.
12. Inside the compartment, Sergeant Goodman found three large cellophane bundles that contained multiple smaller increments of United States currency wrapped in rubber bands, along with a duffle bag.
13. Sergeant Goodman testified that numbers were written on the outside of the cellophane bundles to indicate the amount of currency in each bundle. The numbers written on the outside of the cellophane bundles were: "100," "85," and "145." See Government's Trial Ex. 13. According to Sergeant Goodman's testimony, the numbers on the outside of the cellophane bundles suggested that they contained approximately $330,000.00.
14. Sergeant Goodman also testified that, once the currency was officially counted after being seized, the bundles contained $328,910.00.
15. Sergeant Goodman also testified that, in searching the Honda Accord's glovebox, he found two Vehicle Registration Certificates issued by the State of Arkansas, one of which was issued and expired in 2013 and the other in 2014, and three Insurance Identification Cards, one of which had an effective date of January 13, 2012, and an expiration date of June 13, 2013; the second had an effective date of July 23, 2013, and an expiration date of January 23, 2014; and the third had an effective date of January 23, 2014, and an expiration date of July 23, 2014. See Government's Trial Exs. 4, 5. Both Mr. Lee and Andrew Jordan (a.k.a. Peter Morris and John Stephen Garner) are listed on the two Vehicle Registration Certificates. See Government's Trial Ex. 4. Only Andrew Jordan is listed on the two most recently issued Insurance Identification Cards, and only Mr. Lee is listed on the 2012-13 Insurance Identification Card. See Government's Trial Exs. 4, 5.
16. Sergeant Goodman also testified that he found two invoices in the Honda Accord's glovebox. The first invoice was for vehicle maintenance on the Honda Accord that took place onAugust 13, 2013, by the company Just Tires in Culver City, California. See Government's Trial Ex. 6, at 3601-02.3 That invoice was billed to Peter Morris at an address in Los Angeles. See Government's Trial Ex. 6, at 3601. The second invoice was for vehicle maintenance on the Honda Accord that took place on September 4, 2013, by Just Tires. See Government's Trial Ex. 6, at 3602. That invoice was also billed to Peter Morris at an address in Los Angeles. See Government's Trial Ex. 6, at 3602.
17. Sergeant Goodman also testified that, when he asked Mr. Lkhaijav about the currency in the Honda Accord, he did not know that the currency was in the vehicle. Mr. Lkhaijav picked up the Honda Accord in a Walmart parking lot on Baseline Road in Little Rock from "Howard," who Mr. Lkhaijav described as an African-American male. Mr. Lkhaijav did not have any additional information regarding the vehicle's shipper. Mr. Lkhaijav told Sergeant Goodman that he did not recall what the African-American male looked like, and Mr. Lkhaijav was unable to identify him positively in subsequent interviews (Dkt. No. 32, at 1; Government's Proposed Findings of Fact and Conclusions of Law, ¶ 27).
18. Sergeant Goodman testified that Mr. Lkhaijav signed a form disclaiming knowledge and ownership of the defendant currency.
19. Sergeant Goodman also testified that he and another officer conducted ion scans on various parts of the Honda Accord after it was seized and impounded. He further testified that the ion swabs came back positive for the presence of cocaine and heroin.
20. In response to the Government's requests for admission, Mr. Lee admitted that ion scans conducted on different areas of the Honda Accord tested positive for the presence of narcotics. See Government's Trial Ex. 2, Request for Admission No. 43. Specifically, Mr. Lee admitted that ion scans were positive for the presence of narcotics in the following areas: the driver's door handle and panel tested positive for cocaine; the steering wheel tested positive for cocaine and heroin; the gear shift tested positive for cocaine; the middle of the compartment tested positive for cocaine; and the left side of the compartment tested positive for cocaine. See Government's Trial Ex. 2, Request for Admission Nos. 44-48.
21. According to Corporal Melder, later in the evening of February 26, 2014, he and Sergeant Goodman conducted a dog sniff outside of the Drug Task Force Office with the bundles of currency, which he recorded in the K-9 Search/Find Log. See Government's Trial Ex. 13, at 39.
22. Corporal Melder testified that Sergeant Goodman put the currency underneath a bucket and placed it on the outside wall of the Drug Task Force Office. Corporal Melder then deployed Pavatt, his drug dog, along the outside wall.
23. Corporal Melder also testified that the drug dog alerted to the odor of narcotics coming from the bucket, but the dog did not indicate to the bucket. According to Corporal Melder, a drug dog's indication is a more profound signal compared to an alert.
24. Corporal Melder has a certificate for the basic police K-9 course. See Government's Trial Ex. 14, at 40. He also testified that he has continued to be certified over the years with Pavatt, including the year 2014. See Government's Trial Ex. 14, at 42. 25. Sergeant Goodman testified that, 11 days after he stopped the car carrier, he went to the address listed on the Vehicle Registration Certificates for the Honda Accord. Sonja Lee, Mr. Lee's niece, answered the door and talked to Sergeant Goodman.
26. The Government submitted a transcript of the conversation between Ms. Lee and Sergeant Goodman that occurred on March 9, 2014, based on the video recording taken by Sergeant Goodman. See ...
To continue reading
Request your trial