United States Ninth Circuit

District court's order striking petitioner's claim to $999,830 in civil forfeiture proceeding and denial of his motion for reconsideration of the order is reversed where the court erred in applying the standard of proof for a claimant asserting a possessory, rather than an ownership interest in property, because in a civil forfeiture proceeding at the motion to dismiss stage, a claimant's unequivocal assertion of an ownership interest in the property is sufficient by itself to establish standing.

Appellate Information

• Decided 12/10/2012
• Published 12/10/2012

Judges

Court

• United States Ninth Circuit

Counsel