United States v. $8,440,190.00 in U.S. Currency

I concur in the majority’s opinion, except for its conclusion that Van Bommel demonstrated constitutional standing to contest the forfeiture of the $10,000 found on his person. Van Bommel did not prove by a preponderance of the evidence that he had a colorable interest in that money; he therefore lacks standing to contest its forfeiture.

As the majority explains, there is every reason to believe that Van Bommel was paid $10,000 to transport the bales of currency that he later threw into the sea. Thus, at one point Van Bommel had a colorable claim of ownership of that $10,000. But he signed a…