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· 2/21/2012

United States v. $133,420.00 in United States Currency

Citations

  • 672 F.3d 629
  • 2012 WL 555987
  • 2012 U.S. App. LEXIS 3388

How courts have described this case

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

  • noting that the government is entitled to “test the veracity of [a claimant’s] claim of ownership”
  • noting that assertion of ownership of currency combined with possession is sufficient to establish standing
  • noting that we should not interpret a section of Rule G to be superfluous
  • holding a court may strike the testimony of a witness in a civil proceeding to avoid a witness’s improper use of the Fifth Amendment privilege against self- incrimination as a sword as well as a shield
  • explaining that, “in a civil forfeiture action, a claimant’s bare assertion of an ownership or possessory interest, in the absence of some other evidence, is not enough to survive a motion for summary 16 PagelD.920 judgment.”
  • explaining that the claimant’s “limited interpretation would make Supplemental Rule G(6)(a) superfluous”

Source: CourtListener parenthetical corpus (CC0).

Judges: Graber, Ikuta, Kaplan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.