Justia International Law Opinion Summaries

Articles Posted in US Court of Appeals for the Sixth Circuit
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The government sought forfeiture (21 U.S.C. 881(a)(4),(6), (7); 18 U.S.C. 981) of bank accounts, real properties, vehicles, and $91,500 in U.S. currency, related to its investigation into Salouha and Sbeih. Salouha allegedly illegally sold prescription drugs through his Ohio pharmacies, 21 U.S.C. 841. Salouha and Sbeih allegedly laundered the receipts through their accounts, 18 U.S.C. 1956. Sbeih and his wife filed verified claims to seven of the personal bank accounts. Sbeih was indicted but failed to appear. The court issued an arrest warrant, lifted the stay on the civil forfeiture case and scheduled a status conference. Sbeih’s counsel sought permission for Sbeih not to attend, as he was in Israel. Sbeih alleged that he was in danger of losing his Jerusalem permanent residency permit if he left Israel. The court granted the motion. The government moved to strike Sbeih’s claim under the fugitive disentitlement statute, 28 U.S.C. 2466. The court waited to see whether the Salouhas, Sbeih’s codefendants, were able to reenter the country, but ultimately granted the government’s motion to strike Sbeih’s claim and ordered forfeiture. While section 2466 requires the government to prove that the claimants had a specific intent of avoiding criminal prosecution in deciding to remain outside the U.S., it does not require that that intent be the sole or principal intent. In this case, however, government did not meet its burden of proving that Sbeih was not returning to the U.S. to avoid prosecution View "United States v. $525,695.24" on Justia Law

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Faisal is a citizen of the United Kingdom, residing in London. Mardia is a U.S. citizen. They married in Bangladesh in 2009, while Mardia was a student in Michigan. She remained in Michigan to complete her studies. In 2011, Mardia moved to London; in 2013 she applied for Indefinite Leave to Remain, In 2014, Mardia, then pregnant, traveled to Knoxville, where she had lived previously. The couple disputes whether she intended to return to the UK. Faisal traveled to Knoxville on a three-month visa. Mardia gave birth to twins in Knoxville and the family moved into an apartment. Faisal’s visa expired; he returned to London. Mardia insists she told him then that she intended to remain in the U.S. with the children. Faisal visited the U.S. in April 2015. The next month, the entire family traveled to the UK. The parties dispute their intentions. In July 2015, Mardia traveled with the children to Bangladesh. Their tickets indicated they were scheduled to return to London on August 5. Mardia claims she told her husband that she would not return. Faisal claims he did not learn her plans until August 4, when she flew to Knoxville with the children. He sought their return under the Hague Convention, as implemented by 22 U.S.C. 9001. The Sixth Circuit affirmed denial of Faisal’s petition, finding that he failed to establish that the UK was the children’s habitual residence at the time Mardia retained them. View "Ahmed v. Ahmed" on Justia Law