When the Commonwealth and the victim of an underlying fraudulent transfer conducted jointly for the return of $ 100 in cash seized of an automated cashier machine in accordance with a search warrant, the funds should rather be given to the automatic window operator, which delivered Bitcoin to the equivalent amount of the money that the victim has exceeded.
“The Commonwealth and the victim of the underlying fraudulent transfer, Louis Courtemache (” short “), move jointly for the return of $ 30,100 in cash entered in accordance with a search warrant from an Athena Bitcoin, Inc. (` `athena ”) machine with automated online (` `atm ” or ”) As of March 26, 2024. He, on the grounds that Athéna, is the legitimate owner.
“Here, the Commonwealth said that the funds extracted from the Athena ATM have been connected to evidence and that photographs have been taken, so it is not necessary to keep the funds for the current survey. returned.
“Here, Athena received the title of the short -friendly funds deposited in her automatic counter because he has acquired money in good faith and without knowledge of fraudulent activity. Athena granted a precious consideration by transferring Bitcoin to Bitcoin Wallet in exchange for the treasury deposited in its atmosphere, as controlled by Courtcoin. Rendered, and the amount of bitcoin purchased.
“In conclusion, the court concludes thatinda is the legitimate owner of the funds, and therefore the request in return of the property seized in Courtemanche is rejected. …
“For the above reasons, it is ordered by the present that the commonwealth request to return the seized goods to be refused and that the $ 30,100 currently under the care of the Franklin police service must be transferred to Athena.”
In Re: search warrant n ° 2482SW00010 dated March 22, 2024 (weekly lawyers n ° 12-040-25) (Hallal, J.) (Norfolk Superior Court) (September 8, 2025).
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