United States v. Duyzing, No. 11-1611 (1st Cir. 2013)
Annotate this CaseWhile fleeing from the United States Coast Guard, Claimant and his crew tossed more than $8 million into the Caribbean Sea. The Coast Guard subsequently recovered the currency. The government filed this action seeking to have the $8 million, along with additional money found on the crew members' persons, forfeited to the United States. Claimant, who was convicted of knowingly failing to obey a federal law enforcement officer's order to slow down or stop, filed a claim of ownership for the currency. The district court granted summary judgment for the government, holding that Claimant had not shown a colorable interest in the seized currency, and therefore, Claimant failed to establish standing to challenge the forfeiture. The First Circuit Court of Appeals affirmed in part and reversed in part, holding (1) the district court had jurisdiction over a portion of the currency; (2) Claimant did not have constitutional standing the contest the forfeiture of the $8 million; but (3) Claimant did have standing to contest the forfeiture of the $10,000 found on his person.
The court issued a subsequent related opinion or order on June 28, 2013.
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