United States Ninth Circuit

District court's judgment for government involving two amounts in a civil forfeiture action is: 1) affirmed in part with regard to the judgment forfeiting the $2,971, where the government’s failure to provide timely notice of the forfeiture to the claimant as to both amounts, did not require the government to return the property where the government subsequently commenced a forfeiture proceeding; but 2) vacated and remanded in part, where a) the district court's dismissal of the claim for the $11,500, based on the claimant's failure to identify the bailor, was an abuse of discretion, primarily because the omission did not prejudice the government, did not appear to be calculated, and did not delay or extend the forfeiture proceedings, and b) there was a genuine issue of material fact whether the $11,500 was derived legitimately.

Appellate Information

• Decided 03/20/2013
• Published 03/20/2013

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel