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D.Ariz.: Taking Fifth helped defeat standing in forfeiture case

By John Wesley Hall, Jr.

Forfeiture claimant had standing but for taking the Fifth on everything other than possession. This was thus mere unexplained ownership, and that’s not enough. United States v. $133,420.00 in United States Currency, 2010 U.S. Dist. LEXIS 62270 (D. Ariz. June 23, 2010)*: In this case, Louis' assertion of ownership in his responses to the Government's special interrogatories together with the fact that the currency was seized from the car he was driving would be enough to establish standing under $148,840.00. However, as the Government points out in its motion to strike Louis' discovery responses, Louis responded to the Government's special interrogatories only where advantageous to his cause. He conclusorily claimed an ownership interest in response to the Government's inquiries into the nature of his property interest in the currency, but declined, on Fifth Amendment self-incrimination grounds, to respond to follow-up questions about the details of that ownership interest, including how, why, or where he obtained the funds...continue to full post

Full post as published by Fourth Amendment on June 25, 2010 (boomark / email).