Skip to main content
· 1/15/1992

United States v. $38,570 U.S. Currency, Francisco Flores, Jr., Claimant-Appellant

Citations

  • 950 F.2d 1108
  • 1992 U.S. App. LEXIS 354
  • 1992 WL 35

How courts have described this case

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

  • holding that a “bare assertion of ownership of the res, without more, is inadequate to prove an ownership interest sufficient to establish standing”
  • holding that “[the claimant’s] claim of ownership,” in the verified claim, “coupled with the government’s allegations of [the claimant’s] involvement with the seized res” in the complaint, are sufficient to establish standing
  • declaring that the claimant’s claim of ownership together with the government’s allegation that “the claimant exercised some form of dominion over the currency” was sufficient to establish standing to contest the forfeiture action
  • proving the merits of a forfeiture defense is not an element of standing
  • \No in rem suit can be maintained without a valid arrest of the res by the marshal.\
  • “No in rem suit can be maintained without a valid arrest of the res by the marshal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Politz, King, Johnson

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.