United States v. Farr, No. 20-2790 (8th Cir. 2021)
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Jacqueline Mills was convicted of multiple counts of wire fraud, money laundering, and bribery. These charges were related to a years-long scheme to defraud the United States of monies intended to feed low-income children. The jury found that fourteen properties and monies were traceable to the proceeds of Mills's fraud. Rosie and John Farr, Mills's mother and stepfather, filed third party petitions asserting interests in various properties to be forfeited, including monies from a Southern Bancorp account number. The forfeiture order became final as to Mills when she was sentenced, but it remained preliminary as to the Farrs until the ancillary proceeding concluded. In the two years between the Farrs filing their third party petitions and the government moving for summary judgment, the Farrs failed to present evidence supporting their claims of a superior ownership interest in the Southern Bancorp account.
The Eighth Circuit concluded that, on this record, the Farrs failed to prove a prior interest in the property under 21 U.S.C. 853(n)(6)(A) because the proceeds of an offense do not exist before the offense is committed, and when they come into existence, the government's interest under the relation-back doctrine immediately vests. Furthermore, the Farrs failed to present evidence that they qualify as bona fide purchasers for value under section 853(n)(6)(B). The court also concluded that excusable neglect under Federal Rule of Civil Procedure 60(b) does not include ignorance or carelessness on the part of an attorney, and the district court did not abuse its discretion in applying that general rule in this case. Finally, as in United States v. Waits, it is clear that the Farrs as third parties had adequate notice the government intended to seek forfeiture, as their timely third party petitions confirmed.
Court Description: [Loken, Author, with Colloton and Benton, Circuit Judges] Criminal case - Forfeiture. On this record, the Farrs failed to present evidence supporting their claims of a prior interest in the funds at issue; under Rule 60(b), excusable neglect does not include ignorance or carelessness on the part of a party's attorney, and the Farrs' claims that their failure to respond to discovery requests should be excused due to the attorney's lack of diligence was properly denied; the entry of a preliminary forfeiture order in the case was part of the routine forfeiture process and did not prevent the Farrs from presenting their claims.
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