United States v. $55793389 More or Less in US Funds a’s Empirical Analysis

Citation profile

27 federal appellate · 13 district · 3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]n a civil forfeiture action the government is the plaintiff, and it is the government’s right to forfeiture that is the sole cause of action adjudicated. If the government fails to meet its burden of proof (formerly probable cause, now preponderance), the claimant need not produce any evidence at all — i.e., the claimant has no ‘case’ that he must present or ‘elements’ to which he bears the burden of proof. The function of standing in a forfeiture action is therefore truly threshold only — -to ensure that the government is put to its proof only where someone with a legitimate interest contests the forfeiture. Thus, the only question that the courts need assess regarding a claimant’s standing is whether he or she has shown the required facially colorable interest, not whether he ultimately proves the existence of that interest.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. All Funds on Deposit At: Citigroup Smith Barney Account No. 600-00338 · United States v. All Assets Held in Account No. XXXXXXXX, in the Name of Doraville Props. Corp.

2. “In United States v. $37,780 in U.S. Currency, 920 F.2d 159 (2d Cir.1990), we stated that “an illegal seizure of property does not immunize that property from forfeiture, that the property itself cannot be excluded from the forfeiture action, and that evidence obtained independent of the illegal seizure may be used in the forfeiture action.” Id. at 163 (emphasis added). The meaning of the italicized portion of this statement is somewhat unclear. Other courts of appeals and commentators have understood it to mean that the defendant property must also be admitted for its evidentiary value in forfeiture proceedings regardless of the propriety of its initial seizure— and, so interpreted, these courts and commentators have generally been critical of that principle. See United States v. $191,910.00 in U.S. Currency, 16 F.3d 1051 , 1064 & n. 27 (9th Cir.1994) (disagreeing with $37,780 and noting that “majority” of circuits do likewise); 1 Wayne R. LaFave, Search and Seizure § 1.7(a) n. 10 (3d ed.1996) (“Despite some authority to the contrary [i.e., $37,780], it does not follow that the res in a forfeiture proceeding, if itself illegally seized, can also be admitted for its evidentiary value.”). This circuit has not expounded further on the meaning of that statement, so its precise meaning— indeed, even its status as a holding — and its application to this case is unclear.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Real Property & Premises Known as 90-23 201st Street

3. “[I]t might very well be argued that, at least as far as Article III — as opposed to statutory — standing goes, the claimant bears no burden at all, as it is really the government which is invoking the power of the federal courts to effect the forfeiture.”). Because the source of the standing requirement has no effect on the outcome of Gazprom's claim, the Court does not address further whether that requirement is more properly considered statutory, prudential, or constitutional. 5 .”

   1 later decision quote this exact passage · from the majority
   e.g. 772 F. Supp. 2d 205 - United States v. All Assets Held at Bank Julius Baer & Co.