United States v. One 1980 Bertram 58' Motor Yacht

COX, Circuit Judge.

The United States of America (the “Government”) appeals a judgment against it on its complaint seeking the forfeiture of the defendant in rem, One 1980 Bertram 58' Motor Yacht known as the M/V Mologa (the “Mologa”), under 21 U.S.C.A. § 881(a)(4) (1981 & Supp.1989). Answering the appeal is claimant Vene Investments Corporation (“Vene Investments”) which claims to be the owner of the Mologa. The district court, after a bench trial, concluded that the Government had probable cause to institute the forfeiture proceedings, but that Vene Investments had proven by a preponderance…