United States Ninth Circuit

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US v. $133,420.00 in United States Currency, 10-16727

In a civil forfeiture action instituted by the government after it seized $133,420 found in the car of a person stopped by the police, the district court's grant of the government's motion for summary judgment is affirmed, where: 1) the owner of the car could not show any evidence that he owned or lawfully possessed the money; 2) his ambiguous verified claim was not sufficient to raise a genuine issue of material fact as to his Article III standing; and 3) the district court permissibly struck his response to a government interrogatory to prevent him from improperly using the Fifth Amendment privilege against self-incrimination as both a sword and shield.

Appellate Information

  • Decided 02/21/2012
  • Published 02/21/2012

Judges

  • Ikuta

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • David M. Michael, Reid C. Pixler


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