Langbord v. Dep't of the Treasury, No. 12-4574 (3d Cir. 2015)
Annotate this CaseThe Civil Asset Forfeiture Reform Act of 2000 (CAFRA), 114 Stat. 202, an “effort to deter government overreaching,” requires the government, if it has seized property that someone else purports to own, to file a complaint for judicial forfeiture within 90 days of receipt of a seized asset claim or to return the property, 18 U.S.C. 983(a)(3)(A). The government has a heightened burden of proof. The Langbords purportedly found, in their father’s safe deposit box, 10 double eagle $20 gold coins, minted in 1933, allegedly “the most valuable ounce of gold in the world.” President Roosevelt issued an executive order in 1933 removing gold coins from circulation. In 2004, the Langbords made the coins available to the government solely for authentication. When the Langbords requested their return, the Mint responded: “Mint has no intention of seeking forfeiture … they already are, and always have been, property belonging to the United States; this makes forfeiture proceedings entirely unnecessary.” Langbords’ counsel submitted a “seized asset claim,” demanding return of the coins or institution of a civil forfeiture proceeding. The Mint refused to take action. The Langbords filed suit. The Third Circuit found that the government had ignored CAFRA and that the Langbords were entitled to return of the coins.
The court issued a subsequent related opinion or order on July 28, 2015.
The court issued a subsequent related opinion or order on August 1, 2016.
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