Brown v. United States, No. 11-3612 (6th Cir. 2012)
Annotate this CaseCooper, Brown’s former son-in-law, was one of several co-defendants charged with conspiracy to violate federal drug laws. He allegedly stored proceeds of this criminal activity in a safe at Brown’s residence. After obtaining Brown’s consent, officers searched her residence and recovered $102,570 from the safe. Brown was notified by letter that the money would be subject to forfeiture. Cooper eventually pled guilty and agreed to the forfeiture. Brown filed a claim for the $102,570 in an FBI administrative proceeding and then moved for return of the money under Federal Rule of Criminal Procedure 41(g), 18 U.S.C. 983, and the Due Process Clause. The district court dismissed the suit, concluding that it lacked jurisdiction under 21 U.S.C. 853(k)(2). The Sixth Circuit affirmed. Brown’s assertion that the government unlawfully included the $102,570 in the criminal case against Cooper makes no difference until Brown establishes a legal interest in the money, which she can only do now through a 21 U.S.C. 853(n) proceeding. Brown has an adequate remedy at law.
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