Legal Opinion
United States v. Funds in the Amount of $239,400
Court of Appeals for the Seventh Circuit
Decided July 28, 2015No. 14-3451PublishedCited by 49 opinions
1Opinion of the Court
HAMILTON, Circuit Judge.
This appeal requires, us to enforce recent reforms in civil forfeiture law. The Civil Asset Forfeiture Reform Act of 2000 put the burden on the government to prove by a preponderance of evidence that property is forfeitable. 18 U.S.C. § 983(c). Rule G(9) of the Federal Rules of Civil Procedure, adopted in 2006, entitles a claimant of the property to a jury trial on whether assets are forfeitable. In this case, however, the government persuaded the district court to require the claimants, in order to prove their standing, to show their claims to the disputed currency…
2Cases cited18 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
- Barbara Payne v. Michael PauleyCourt of Appeals for the Seventh Circuit · 2003
- United States v. One Lincoln Navigator 1998, Freddie Bearden Wanda Breedlove Andrews, Claimants-AppellantsCourt of Appeals for the Eighth Circuit · 2003
- United States v. $133,420.00 in United States CurrencyCourt of Appeals for the Ninth Circuit · 2012
13 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- United States v. JP Morgan Chase Bank AccountCourt of Appeals for the Ninth Circuit · 2016
- United States v. Seventeen Thousand Nine Hundred Dollars ($17,900.00) in United States CurrencyCourt of Appeals for the D.C. Circuit · 2017
- Pedro Cruz-Hernandez v. Funds in the Amount of $271,08Court of Appeals for the Seventh Circuit · 2016
- United States v. $31,000.00 in U.S. CurrencyCourt of Appeals for the Sixth Circuit · 2017
- United States v. Damian PhillipsCourt of Appeals for the Fourth Circuit · 2018
44 more not listed; retrieve them via the Exa API.