United States v. Funds in the amount of $574,840, No. 12-3568 (7th Cir. 2013)
Annotate this CaseThe federal government sought forfeiture of cash seized in searches of an apartment, vehicles, and storage units, possessed or occupied by Unsworth and Pillsbury, who were suspected of drug trafficking. The state court prosecution of the two collapsed after the court suppressed evidence. Unsworth and Pillsbury submitted, as permitted by Rule G(5)(a)(i), claims to the cash, signed under penalty of perjury, identifying the specific property and the claimant’s interest in the property. They moved to stay the forfeiture proceeding on the ground that it would undermine their right not to incriminate themselves in the pending state proceeding (18 U.S.C. 981(g)(2)). The district court denied the motion without explanation and required the claimants to respond to special interrogatories. They objected and refused to answer several, including one that asked for the sources of the cash and whether the cash was proceeds of sales of illegal drugs. The district judge struck their claims on the ground that, by failing to answer all the interrogatories, the claimants had failed to “establish” Article III jurisdiction. The Seventh Circuit reversed and remanded, holding that, at this stage, Article III jurisdiction need only be alleged, not proven, and that the government had given no reason for opposing a stay.
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