United States Fifth Circuit

In an asset forfeiture proceeding in which a company claiming to be the rightful owner of the funds at issue objected and filed a claim pursuant to 18 U.S.C. section 983, dismissal of the claim for lack of standing is reversed where: 1) the pleadings alleged that claimant owned the actual seized dollars; and 2) the evidence claimant attached to its response to the government's motion to dismiss supported the pleadings' allegations.

Appellate Information

• Decided 12/17/2009
• Published 12/17/2009

Judges

• JENNIFER W. ELROD, Circuit Judge:, Before BENAVIDES, DENNIS and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paula Camille Offenhauser, Asst. U.S.Atty. (argued), Susan Beth Kempner, Houston, TX, for U.S., David B. Smith (argued), Gerald H. Goldstein, Cynthia Eva Hujar Orr, Goldstein, Goldstein & Hilley, San Antonio, TX, for Claimants-Appellants.