Case 1:15-Cv-03553 Document 1 Filed 06/17/15 Page 1 of 4 PageID 1

The United States District Court

Eastern District of" New York
Index Mi. 
Va DEA Case Number: 5~001 8
Plaintiff,
Against

 
 Department ofjustice
Drug Enforcement Administration
Defendant.

"x

The Plaintiff Do, Va, by his attorneys, Roberts Roberts, 401 Broadway, New York,
 York 10013, complaining of the respondent, alleges as follows:

1. The Plaintiff Do, V11, is a resident of New York, having an address at 2458
Arthur Avenue, Bronx, NY 10458.

2. he Defendant Drug Enforcement Administration, is a Federal agency with its

Head Quarters located at 8701 Morrissette Drive, Spring?eld, Virginia 22152.

JURISDICTION AND VENUE
3. This Court has jurisdiction over the subject matter of the action under 28 US.
Code 1355, in that this case is for the recovery or enforcement of any fine, penalty, or
forfeiture of seized property by an agency ofthe Federal gow-ernment, i.e. Drug Enforcement
Administration.
4. "line venue is proper tinder .28 US. Code 1395(3), because the property is seized

in Jamaica,  by an agency ol?tlie Federal gtwernment, i.e. Drug Enforcement Administration.

 

 

 

 

 

Case 1:15-cv-03553 Document 1 Filed 06/17/15 Page 2 of 4 PageID 2

AS AN FOR A FIRST CAUSE OF ACTION

5. The Plaintiff seeks to return $43, 923.00 seized at Kennedy Airport, NY, by the
Drug Enforcement Administration on February 19, 2015.

6. The property seized represented savings of the Plaintiff, which had been
accumulated over the course of twenty years.

7. The Plaintiff operated two nail salons in New York City at Lennox Avenue and
124iEh Street and Lexington Avenue.

8. At no time, has the Plaintiff Vu been arrested or convicted of any
misdemeanor or felony, or charged under the Controlled Substances Act.

9. At no time, has the Plaintiff Va Do used, sold, bought any narcotics or been
involved in the sale of any illicit substance.

10. At the time of the seizure on February 19, 2015, the Plaintiff was boarding a
plane to California to visit his brothers who had recently suffered ?nancial losses.

11. The Plaintiff had $43, 923 in cash for the sole purpose of lending it to his family.
'12. The seizure of said funds by DEA and/or its agents has caused great hardship, not
only to the Plaintiffbut to his family.

13. The Plaintiff did not know that it was a violation of Federal regulations to carry
cash in excess of $5,000 at the time of the seizure.

14. The Plaintiff never violated the Controlled Substances 21 U. S. C.
Sections 801 et Seq.)

15. At the time of the seizure, the Plaintiff received the Asset ID Number; 1 

609520, and the Case Number: A copy of the Notice from US. Department of

Justice is attached hereto as Exhibit A.

 

 

 

 

Case 1:15-Cv-03553 Document 1 Filed 06/17/15 Page 3 of 4 PageID 3

16. The Defendant is improperly in possession of the plaintiff?s Chattel,
i.e. $43, 923.00.

17. The Plaintiff demands that this court issue a writ of replevin, returning the seized
money in the amount of 43, 923.00 to the Plaintiff or in the alternative the court should issue an
order that the Defendant pay the Plaintiff the sum of 43, 923.00.

AS AN FOR A SECOND CAUSE OF ACTION

18. The Plaintiff hereby repeats and reealleges each and every allegation of this
complaint numbered #1 through #17, with the same force and effect as if more fully set forth
herein.

19. The Defendant has wrongfully converted the sum of. $43, 923.00 and deprived the
Plaintiff of the possession of the pmperty, which he owns, has worked for, and to which he is
entitled.

20. The property which the Defendant has converted is $43, 923.00 in US currency.

21. The Plaintiff has made a demand on the Defendant to return the property and the

Defendant has refused to return it.

22. The Plaintiff has been damaged in the sum of 43, 923.00.

WHEREFORE, the Plaintiff requests a writ of replevin and the immediate return of the
converted property; release of the converted property during the pendency of this action; together
with interests and such other and further relief this court may deem just and proper.

Dated: New York, New York
June 17, 2015

Roberts Roberts

 

 

Roberts, Esq.

 

 

Case 1:15-cv-03553 Document 1 Filed 06/17/15 Page 4 of 4 PageID 4

401 Broadway, Suite 1902
New York, New York 10013
212426?4925