Joaquim v. One 17 Foot Fiberglass Outboard Powered Boston Whaler

This is an appeal from a forfeiture action. The forfeiture action was brought pursuant to G.Lc. 257, §7, which provides:

If the libellant maintains his action, the court shall decree a forfeiture and sale of the distribution of the proceeds, or other appropriate disposition thereof. If he fails to maintain it, the court shall decree a restitution of the property to the claimant.

The libellant-appellee Joaquim (“Appellee”) maintained the action and the trial court ruled in his favor and ordered the forfeiture of the property to and for the use of the Commonwealth of Massachusetts. The…