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Criminal Law : Forfeiture – Seized Currency – Drug Transaction
Stephanie Maniscalco//June 27, 2014
Where a man was arrested during a traffic stop with a small amount of drugs and a large amount of cash while traveling in a recreational vehicle, much of the affirmative evidence in the case could support either party’s position in a forfeiture case, but the government failed to meet its burden to show that it was more likely than not that the defendant intended to use the seized currency in a planned drug transaction, so the forfeiture is reversed and remanded.
Judgment is reversed and remanded.
U.S. v. $48,100 in U.S. Currency (MLW No. 66575/Case No. 13-1902 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.) Appealed from U.S. District Court, District of Nebraska.
Read the full text of this opinion. (PDF)
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