Beneficial Foundation, Inc. v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• acknowledging that although government is not required to demonstrate probable cause until forfeiture trial, because bank challenged seizure of bank account, government was obligated to show probable cause to seize account
• seizure is not valid unless there is probable cause to believe the property is subject to forfeiture
• seizure is not valid unless there is probable cause to believe the property is subject to forfeiture
• “In a forfeiture proceeding under § 984 . . . the government no longer is required to show that money in a bank account is the specific money involved in the underlying offense.”
• amendment should be permitted if adding of 12 additional facts may resolve deficiencies
• “[L]eave to amend should be denied as futile only if no 12 set of facts can be proved under the amendment to the pleadings that would constitute a 13 valid and sufficient claim or defense.”

Source: CourtListener parenthetical corpus (CC0).