United States v. One Single Family Residence Located at 15603 85th Avenue North

HATCHETT, Circuit Judge:

In this case of first impression, interpreting 21 U.S.C. § 881(a)(6), we hold that one who knowingly commingles legitimate funds with the funds of a co-investor, where the co-investor’s funds are subject to forfeiture, is not an “innocent owner,” under the statute, and subjects the legitimate funds to forfeiture.

FACTS

In 1985, Curtis Spears approached his brother Gary with the idea of purchasing a vacant lot and building a house for resale. Shortly thereafter, they bought a parcel of unimproved real property in Palm Beach, Florida, for $22,000, and recorded the title in…