United States First Circuit

The district court erred in impermissibly easing the claimants' burden of proving their "innocent owner" defense in a forfeiture action, but since court's comments during the bench trial about the burden of proof may have lulled claimants into a false sense of security, judgment vacated and sent back before new trier.

Appellate Information

• Decided 01/04/2001
• Published 01/04/2001

Judges

• SELYA, Circuit Judge., Before SELYA and STAHL, Circuit Judges, and LISI, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Shelbey D. Wright, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief, for appellant.


• For Appellees:
  
• Roger Witkin for appellees.