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United States v. $35

United States District Court, D. Nebraska

July 24, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
$35,140.00 IN UNITED STATES CURRENCY, Defendant

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          For United States of America, Plaintiff: Douglas J. Amen, Nancy A. Svoboda, U.S. ATTORNEY'S OFFICE - OMAHA, Omaha, NE.

         For Jonathan A. Shulkin, Claimant: J. William Gallup, GALLUP LAW FIRM, Omaha, NE.

          OPINION

Page 919

         F.A. Gossett, United States Magistrate Judge.

         FINDINGS AND RECOMMENDATION

         This matter is before the Court on Claimant Jonathan Shulkin's (" Claimant" ) motion for the return of the defendant currency and for suppression of that currency as evidence in this forfeiture action. (Filing 10.) A hearing on this matter was held before the undersigned on July 21, 2015. Having heard and studied the evidence on this matter, and for the reasons explained below, the undersigned will recommend to Chief United States District Court Judge Laurie Smith Camp that Claimant's motion be denied.

         FACTS

         On January 7, 2015, Richard Lutter (" Lutter" ), an investigator with the Nebraska State Patrol, and other law enforcement officers were at the Omaha railroad station checking the railroad passenger manifest. The officers' review of the manifest led to concerns about a ticket purchased with cash by Claimant. The ticket was purchased less than 48 hours prior to Claimant's planned departure from Iowa to Sacramento, California. At the hearing on this matter, Lutter testified that given experience as an interdiction officer, he was concerned about tickets purchased for cash near the departure time to places like Sacramento, California because, ...


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