Doe v. United States

47 Fed. Cl. 367, 2000 U.S. Claims LEXIS 163, 2000 WL 1184592
United States Court of Federal Claims·Decided August 21, 2000·No. No. 93-589C·Published·Cited by 2 cases

Opinion

OPINION

BRUGGINK, Judge.

This case is before the court on cross-motions for summary judgment. Plaintiff John Doe alleges that he acted as a confidential informant to officers of the United States Customs Service (Customs), providing them with original information related to traffic in illegal narcotics. He claims that the information he provided led to the seizure of over $1 million in cash from a Southern California storage locker. The government retained possession of this money following appropriate forfeiture proceedings. Doe argues that he is entitled by law to receive a portion of this money as an award in exchange for having provided the information that allegedly led to the seizure. He relies on 19 U.S.C. § 1619 (1994) (Section 1619), which authorizes payment of awards to informants in certain circumstances. The action was dismissed initially, this court holding that Section 1619 was not “money-mandating.” See Doe v. United States, 32 Fed.Cl. 472, 473 (1994). The Federal Circuit reversed and remanded, holding that an award under Section 1619 was not discretionary. See Doe v. United States, 100 F.3d 1576, 1578 (Fed.Cir. 1996) (reh’g denied, suggestion for reh’g en banc declined, March 3, 1997). After remand, defendant advances a new argument for why Section 1619 does not apply under these circumstances. Because plaintiff has no other grounds on which to base his claim for an award, defendant moves for summary judgment. Plaintiff has cross-moved for summary judgment. After extensive briefing the court concludes that both parties’ motions for summary judgment must be denied.2

FACTUAL BACKGROUND

Plaintiff was arrested on narcotics trafficking charges. Special Agent X of the United [369]*369States Customs Service and former Assistant United States Attorney Y coordinated the arrest and conducted the initial interrogation. Because of plaintiff’s involvement with suspect one, a large scale drug trafficker, Special Agent X hoped that his arrest would lead to the use of plaintiff as an informant.

Plaintiff contends that he provided information to X and Y regarding, among others, suspect one, suspect two, suspect three, and suspect four. Subsequently, the suspect one investigation led to the seizure and forfeiture of approximately $1,600,000 from a Southern California storage locker owned by suspect four. The application for the search warrant of the storage locker cited violations of 21 U.S.C §§ 841(a)(1), 846, 952, and 963 (1994). Plaintiff was identified in the search warrant affidavit involving suspect four, and Special Agent X admits that plaintiff was one of two confidential informants used in the suspect four seizure. Moreover, at some later time approximately $3,600,000 was seized from suspect three. Although defendant disputes the allegation, plaintiff contends that the information he gave was original within the meaning of Section 1619.3

Plaintiff applied to Customs for a moiety award and was turned down. He then filed his complaint in this court, seeking recovery under several different theories, including: (1) breach of an alleged contract to pay a moiety; (2) negligent misrepresentation; and (3) a statutory right to a reward pursuant to Section 1619. Plaintiff also sought a judicial declaration of his rights vis-a-vis the Treasury Department, and an accounting of other seizures precipitated by the information he provided.

This court granted defendant’s motion for summary judgment on plaintiff’s contract claim and dismissed plaintiffs remaining claims. See Doe v. United States, 32 Fed.Cl. 472, 473 (1994). The Federal Circuit affirmed the dismissal of plaintiff’s contract and misrepresentation claims, but reversed the dismissal of his statutory claim. See Doe v. United States, 100 F.3d 1576, 1578 (Fed. Cir.1996) (reh’g denied, suggestion for reh’g en banc declined, March 3, 1997). The Federal Circuit found that Section 1619 was a “money mandating” statute, and this court therefore had jurisdiction over such claims pursuant to 28 U.S.C. § 1491(a)(1). See id. The Federal Circuit also vacated the dismissal of plaintiffs claims for a declaration of rights and an accounting. See id.

In response to the remand of the ease, defendant now moves for summary judgment under a different legal theory. Defendant argues that the seizure of the cash was effected under drug laws, 21 U.S.C. §§ 841(a)(1), 846, 952, and 963 not the Customs laws, and that therefore, by operation of 19 U.S.C. § 1600 (1994) (Section 1600), Section 1619 does not apply. Defendant argues that plaintiffs only avenue for obtaining an award is to apply to the Attorney General for an award pursuant to 21 U.S.C. § 886(a). Because that Section has been held not to be money mandating, see Allen v. United States, 229 Ct.Cl. 515, 1981 WL 22043 (1981), it argues that no ground for relief exists.

After an initial round of briefing, the court concluded that Customs’ practice in dealing with awards was relevant to the construction of Section 1600. The court therefore directed Customs, pursuant to 28 U.S.C. § 2507(a), to notify the court, in verified form, whether it had at any time after January 1, 1992 paid moieties or rewards under Section 1619 in cases in which the seizure was “pursuant to” the drug laws. The court also directed the agency to identify the number of such payments, and the legal authority under which they were made. The agency, however, conducted a search much more limited in scope than that directed by the court.4 Customs searched files dated January 1, 1992 to the present for any seizures effected solely pursuant to the drug laws. As a result of that [370]*370search, Customs found four instances, out of 331, in which it paid moieties under Section 1619 for seizures made solely pursuant to the drug laws. It urges the court to view these as anomalous.

Plaintiffs moiety claim under Section 1619, along with his claim for an accounting, are now before the court on cross-motions for summary judgment. The motions are fully briefed, and no further argument is deemed necessary.

DISCUSSION

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Doe v. United States, 47 Fed. Cl. 367, 2000 U.S. Claims LEXIS 163, 2000 WL 1184592 (uscfc 2000).

47 Fed. Cl. 367 (Doe v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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