Com. v. $34,440.00 US Currency (Pet. of Falette)

158 A.3d 1245, 638 Pa. 771, 2016 Pa. LEXIS 2301

• Court: Supreme Court of Pennsylvania
• Decided: October 13, 2016
• Docket: 344 MAL 2016 (Granted)
• Status: Published

Opinion

ORDER

PER CURIAM

AND NOW, this 13th day of October, 2016, the Petition for Allowance of Appeal is GRANTED LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, as stated by petitioner, are:

1. If the rebuttable presumption under Section 6801 is established, can a finding that there is a “substantial nexus” be defeated by evidence of record before the burden is shifted back to the claimant to establish that he or she is the innocent owner?

2. Where the rebuttable presumption establishes that currency is presumed to be proceeds of selling controlled substances, but the Commonwealth’s evidence is inconsistent with selling of controlled substances, can the presumption be defeated by the Commonwealth’s own evidence?