Legal Opinion
United States v. 40 Acres of Real Property, More or Less
District Court, S.D. Alabama
Decided June 26, 2009No. Civil Action 08-0117-WS-CPublishedCited by 3 opinions
1Opinion of the Court
AMENDED ORDER
WILLIAM H. STEELE, District Judge.
It has been brought to the Court’s attention that the undersigned’s Order (doc. 52) entered on June 24, 2009, reflects ambiguity as to the Government’s burden of proof in civil forfeiture cases. In particular, although the June 24 Order correctly cited authority for the “preponderance of the evidence” standard imposed by the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”) in amending 18 U.S.C. § 983, and found that the preponderance test was satisfied, it also cited authority for an older “probable cause” standard which has been superseded by…
2Cases cited42 opinions
- Laura Skop v. City of Atlanta, GeorgiaCourt of Appeals for the Eleventh Circuit · 2007
- Leigh v. Warner Brothers, Inc.Court of Appeals for the Eleventh Circuit · 2000
- United States v. $38,000.00 in United States Currency, David English and Michael William English, Claimants-AppellantsCourt of Appeals for the Eleventh Circuit · 1987
- United States v. Real Property Located at 475 Martin LaneCourt of Appeals for the Ninth Circuit · 2008
- Bean Dredging v. Alabama Dept. of RevenueSupreme Court of Alabama · 2003
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3Cited by3 opinions
- United States v. $20,000.00 in U.S. CurrencyDistrict Court, D. New Mexico · 2018
- United States v. $11,320.00 in United States CurrencyDistrict Court, N.D. Georgia · 2012
- United States v. Approximately $60,110.00 in United States CurrencyDistrict Court, W.D. North Carolina · 2020