United States v. $311,229.00 in U.S. Currency

MEMORANDUM *

World Food Association, Inc. appeals from the district court’s order granting summary judgment to the United States in this civil forfeiture action. On appeal, World Food argues that the Government is not entitled to summary judgment because it has not established by a preponderance of the evidence that the $477,216.42 at issue in this case are proceeds traceable to wire fraud in violation of 18 U.S.C. § 1343. We agree, and reverse.

The Civil Asset Forfeiture Reform Act (CAERA), 18 U.S.C. § 983, establishes a burden-shifting scheme for summary judgment in civil forfeiture actions…