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April 14, 1993, the Circuit Court filed an Agreed Order of
Dismissal.
Federal Forfeiture Action
On July 29, 1992, the United States filed a Verified Complaint
for Forfeiture in Rem in the U.S. District Court for the Southern
District of Florida (the U.S. District Court) for the forfeiture of
petitioners' Miami 115 S.W. 20th Road property. The complaint
alleged that the real property constituted proceeds traceable to
the exchange of controlled substances (in violation of Controlled
Substances Act, Pub.L. 91-513, sec. 101, 84 Stat. 1242 (1970), 21
U.S.C. secs. 801-971). On October 5, 1992, petitioners filed a
Notice of Claim, claiming an interest in the seized real property,
and an Answer to Complaint for Forfeiture in Rem and Demand for
Jury Trial.
On December 7, 1992, petitioners and the United States signed
a Stipulation of Dismissal and Settlement Agreement. Petitioners
agreed therein that "they will forever release and hold harmless
[the Federal Government] from any and all claims of any kind * * *
arising from the government's seizure, detention, and maintenance
of the defendant['s] property". On December 11, 1992, the U.S.
District Court filed a Final Order of Dismissal.
Mr. Macias' Affidavit and Subsequent Death
On August 4, 1994, Mr. Macias signed a notarized affidavit
stating that in August 1991 he "entrusted" petitioner with $110,000
for "safekeeping".
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Last modified: May 25, 2011