United States Ninth Circuit
US v. Approximately $1.67 Million (US) in Cash, 05-16614
In an appeal brought by a twice-convicted drug smuggler and trafficker who had on deposit in certain Cayman Island bank accounts $1.67 million in alleged drug trafficking proceeds, summary judgment for the government in its forfeiture action for the funds is affirmed where: 1) the district court properly exercised jurisdiction over the funds; 2) claimant failed to adduce a genuine issue of material fact that the funds derived from legitimate sources; and 3) a five-year delay between the government's seizure of the funds and the filing of this action did not violate claimant's due process rights.
Appellate Information
- Argued 08/15/2007
- Decided 01/22/2008
- Published 01/22/2008
Judges
- WARDLAW, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- David A. Nickerson, San Rafael, CA, for the claimant-appellant.
- For Appellees:
- Kevin V. Ryan, United States Attorney, Barbara J. Valliere, Assistant United States Attorney, and Stephanie M. Hinds, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.