United States v. $31,000.00 in U.S. Currency

Claimants, Wiggins and Allison, were at the Cleveland Airport for a flight to Orange County, California. The Drug Enforcement Administration (DEA), aware of their itineraries and that each had previous felony drug convictions, observed them engaging in conversation before they walked toward the security checkpoint. The government alleged, and Wiggins denied, that Wiggins consented to a search. Agents found $31,000 hidden in the lining of his suitcase. He could not answer why he was traveling with the money. He denied knowing Allison. An agent found $10,000 in Allison’s sock. Allison stated that he had won the money at a casino but could not provide details. A canine alerted to the odor of narcotics on the separate boxes containing the money. The government seized the funds and filed a civil in rem forfeiture complaint under 21 U.S.C. 881(a)(6), which allows the government to seize items it suspects were used in furtherance of criminal activity without charging the property’s owner with a crime. The district court granted the government’s motion to strike claimants’ claims to the currency. The Sixth Circuit reversed, noting that the government apparently moved to dismiss the claim before it engaged in any discovery. The government asserted that the claimant’s pleadings must do more than assert ownership and must provide sufficient detail to draft interrogatories allowing the government to test the claim of ownership. The procedural rules governing civil forfeiture actions do not demand such a heightened standard. View "United States v. $31,000.00 in U.S. Currency" on Justia Law