Carvajal v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
GRABER, Circuit Judge:
The main question that we must decide is whether the principles announced in United States v. $277,000 U.S. Currency, 69 F.3d 1491 (9th Cir.1995), survive the enactment of the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”) (codified at 18 U.S.C. §§ 983, 985 and 28 U.S.C. § 2465). We hold that they do. Accordingly, we reverse the district court’s dismissal of a claim for accrued interest on currency that the government wrongfully seized and then returned 10 months later, without having instituted judicial forfeiture proceedings.
FACTUAL AND PROCEDURAL BACKGROUND
Because…
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