Cabrera v. United States

10 Cl. Ct. 219, 1986 U.S. Claims LEXIS 836
CourtUnited States Court of Claims
DecidedJuly 15, 1986
DocketNo. 133-86C
StatusPublished
Cited by11 cases

This text of 10 Cl. Ct. 219 (Cabrera v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cabrera v. United States, 10 Cl. Ct. 219, 1986 U.S. Claims LEXIS 836 (cc 1986).

Opinion

[220]*220OPINION

YOCK, Judge.

This action arises from the seizure of the plaintiffs vessel, the M/V El Tiburón, from Mr. Roberto Cabrera-Alvarez on October 27, 1984 by the United States Customs Service after marijuana was found on board in violation of 19 U.S.C. § 1595(a) (1982) and 49 U.S.C. § 781 (1982). The plaintiff seeks to recover the value of the vessel at the time of its seizure because the vessel had been disposed of through administrative forfeiture proceedings by the United States Customs Service. The plaintiff alleges in his complaint that defendant breached a contractual obligation to conduct and complete an administrative petitioning process before subjecting the vessel to forfeiture proceedings. Plaintiff also alleges that he was denied due process of the law as guaranteed by the fifth amendment. Defendant has moved this Court pursuant to Rule 12 to dismiss plaintiffs action for failure to state a claim upon which relief can be granted in this Court. Plaintiff opposed the motion.

For the reasons discussed herein, defendant’s motion to dismiss is granted and the complaint is to be dismissed.

Facts

On October 27, 1984, the M/V El Tibu-rón, a fishing vessel owned by the plaintiff, Mr. Jesus Cabrera, was seized from Roberto Cabrera-Alvarez by the United States Customs Service for violations of 19 U.S.C. § 1595(a) (1982) and 49 U.S.C. § 781 (1982), after marijuana was discovered on board.

On November 24, 1984, counsel for plaintiff submitted an “Election of Proceedings Form AF” requesting that Customs Service afford administrative consideration to plaintiff’s petition for remission of the forfeiture of the vessel.

On November 30,1984, counsel for plaintiff wrote to the District Director of Customs advising the Director of his intent to file a petition for remission or mitigation of any fine, penalty, or forfeiture pursuant to 19 U.S.C. § 1618 (1982) and 19 C.F.R. § 171.11 et seq. Counsel also requested the immediate return of the vessel under the Customs Service’s constructive seizure or early release program pending resolution of the matter.

On December 14, 1984, the Director informed counsel for plaintiff that his request for immediate return was denied. Likewise, plaintiff’s petition for administrative relief from forfeiture proceedings was denied on April 12, 1985. At that time, counsel for plaintiff was advised that administrative forfeiture proceedings would begin pursuant to 19 U.S.C. § 1609 (1982) and 19 C.F.R. § 162.46. Counsel was also advised that the forfeiture would be referred for judicial proceedings if plaintiff filed a claim for the vessel and posted a bond (which would be waived upon a showing of financial inability) to cover the cost of judicial proceedings, within twenty days of the first notice of forfeiture proceedings.

At some point, the plaintiff filed such a claim and bond, but did not do so in a timely fashion. Consequently, the vessel was disposed of through administrative forfeiture proceedings. This action followed.

Discussion

I. Contract Claim

Plaintiff’s contention that his completion of the “Election of Proceedings Form AF” created a binding contract between the parties is without merit. There is no evidence of offer and acceptance, mutuality of intent, or consideration to support such a contract claim.

A person seeking to recover upon a contract claim against the United States must establish privity of contract between the claimant and the United States. Brannan v. United States, 7 Cl.Ct. 399, 403 (1985). See Kanarek v. United States, 161 Ct.Cl. 37, 40, 314 F.2d 802, 803 (1963), cert. denied, 379 U.S. 838, 85 S.Ct. 74, 15 L.Ed.2d 45 (1964); Petrin v. United States, 90 Ct.Cl 670, 673 (1940). Privity of contract is necessary because 28 U.S.C. § 1491(a)(1) (1982) grants this Court “jurisdiction to render judgment founded * * * [221]*221upon any express or implied contract with the United States.” However, it is settled law that this Court’s jurisdiction over implied contracts extends only to contracts implied in fact, not to contracts implied in law. United States v. Minnesota Mut. Inv. Co., 271 U.S. 212, 217, 46 S.Ct. 501, 502, 70 L.Ed. 911 (1926); Merritt v. United States, 267 U.S. 338, 341, 45 S.Ct. 278, 279, 69 L.Ed. 643 (1925); Algonac Mfg. Co. v. United States, 192 Ct.Cl. 649, 674, 428 F.2d 1241, 1256 (1970).

Plaintiff has failed to demonstrate the existence of either an express contract or one implied in fact. As is the case with an express contract, it is elementary law that a contract implied in fact requires “facts that show or suggest in some manner an agreement between the parties, a meeting of the minds and a mutual consent to be bound.” Shaw v. United States, 8 Cl.Ct. 796, 799 (1985). Accord EWG Assocs. Ltd. v. United States, 231 Ct.Cl. 1028, 1029 (1982); Brookside Ltd. Partnership v. United States, 231 Ct.Cl. 944, 948 (1982). But here there is merely an “Election Form” mandated by statute which informed plaintiff of his options and rights in regard to the disposition of his property. There are no facts which suggest that either defendant or plaintiff intended to be bound to any particular agreement. This conclusion is borne out by the language of the form itself. In pertinent part, it reads, “I hereby request that the Customs Service consider my petition or offer administratively.” Thus, by filling out this form, plaintiff merely made a request of the Customs Service. Defendant has tendered no offer, but has simply provided the vehicle through which plaintiff may submit a request.

Furthermore, the Election Proceedings Form AF is nothing more than one in a myriad of standard forms which individuals fill out every day. It comes complete with explanations of plaintiff’s alternatives, and it is an administrative method for plaintiff to delineate his choice by placing an “x” next to the appropriate option. There is nothing bargained for when such forms are filled out, no promises made, and no communication between the person filling out the form and the person receiving it that resembles a binding agreement.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Schultz v. United States
25 Cl. Ct. 384 (Court of Claims, 1992)
Ryder Farms, Inc. v. United States
24 Cl. Ct. 278 (Court of Claims, 1991)
Rybachek v. United States
23 Cl. Ct. 222 (Court of Claims, 1991)
Knaub v. United States
22 Cl. Ct. 268 (Court of Claims, 1991)
Noel v. United States
16 Cl. Ct. 166 (Court of Claims, 1989)
Golder v. United States
15 Cl. Ct. 513 (Court of Claims, 1988)
Torres v. United States
15 Cl. Ct. 212 (Court of Claims, 1988)
Rogers v. United States
14 Cl. Ct. 39 (Court of Claims, 1987)
W.R. Cooper General Contractor, Inc. v. United States
12 Cl. Ct. 406 (Court of Claims, 1987)
Montego Bay Imports, Ltd. v. United States
10 Cl. Ct. 806 (Court of Claims, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
10 Cl. Ct. 219, 1986 U.S. Claims LEXIS 836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cabrera-v-united-states-cc-1986.