United States v. Salam Inc

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
September 11, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-31114
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SALAM, INC., ET AL.,
Defendants,
TRAVELERS EXPRESS COMPANY, INC.,
Claimant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 00-CR-295-L
--------------------
Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Travelers Express Company, Inc. (Travelers), appeals the
district court’s dismissal, for lack of standing, of its third-
party claim to funds seized in a criminal forfeiture. The district
court dismissed the claim on the Government’s motion after
discovery revealed that Travelers had been paid in full by the
defendants on its claim and had assigned its rights to the funds in

-- 1 of 2 --

2
the seized bank accounts to the defendants. The defendants agreed
to forfeiture of the seized funds in their plea agreements.
The record supports a determination that Travelers no longer
has a facially colorable interest in the proceedings sufficient to
satisfy the case-or-controversy requirement and the prudential
considerations that guide the federal courts’ exercise of
jurisdiction. See United States v. $321,470 in U.S. Currency, 874
F.2d 298, 302 (5th Cir. 1989). Accordingly, the district court did
not err in dismissing the claim with prejudice for lack of
standing.
AFFIRMED.

-- 2 of 2 --