United States v. $111,980.00 in U.S. Currency

660 F. Supp. 247, 1987 U.S. Dist. LEXIS 4185
CourtDistrict Court, E.D. Wisconsin
DecidedMay 5, 1987
DocketNo. 86-C-0257
StatusPublished
Cited by4 cases

This text of 660 F. Supp. 247 (United States v. $111,980.00 in U.S. Currency) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $111,980.00 in U.S. Currency, 660 F. Supp. 247, 1987 U.S. Dist. LEXIS 4185 (E.D. Wis. 1987).

Opinion

DECISION AND ORDER

WARREN, Chief Judge.

BACKGROUND

On November 1, 1985, a single-engine aircraft piloted and owned by claimant, Marshall Dion, crashed in Kenosha County, Wisconsin. Currency totalling $111,980.00 in $20, $50 and $100 denominations was found strewn around the crash site, having apparently been contained in a paper bag. The Kenosha County Sheriff’s Department took possession of this money. In accordance with its standard procedure for responding to crash scenes, the Kenosha County Sheriff’s Department examined the pilot’s belongings for some indication of the cause of the crash. Included in these belongings was a small notebook containing handwritten entries, various papers, and an O’Haus balance scale. Some of the handwritten entries in the notebook referred to “hash” and “hash oil.”

On November 5, 1985, Magistrate Aaron Goodstein issued a seizure warrant for the money, finding probable cause to believe the currency was forfeitable under 21 U.S.C. § 881(a)(6), based on the affidavit of Special Agent Hehr with the Drug Enforcement Agency (DEA). The DEA executed this warrant. The United States then filed a complaint for forfeiture of the money under 21 U.S.C. § 881. Pursuant to this statute, the money at issue is subject to forfeiture if it was “furnished or intended to be furnished ... in exchange for a controlled substance.” 21 U.S.C. § 881(a)(6). Marshall Dion has filed a claim for the money and an answer to the government’s complaint. Discovery included depositions of Special Agent Hehr and claimant’s answers to the government’s interrogatories.

This case was placed on the Court’s trial calendar, however at the final pretrial conference of November 13, 1986, the parties agreed that this matter could be resolved on stipulated facts and briefs. Pursuant to this format, the parties have submitted briefs in support of their respective positions, and an “Agreed Statement of Facts” signed by government’s counsel and claimant’s counsel.

DISCUSSION

A. Standard for Probable Cause and Burdens of Proof.

The government has the initial burden of showing probable cause for the forfeiture proceeding under 21 U.S.C. § 881(a)(6). United States v. $84,000.00 in U.S. Currency, 717 F.2d 1090, 1101 (7th Cir.1983), cert. denied, 469 U.S. 836, 105 S.Ct. 131, 83 L.Ed.2d 71. Specifically, the government must demonstrate “the existence of probable cause for belief that a substantial connection exists between the property to be forfeited and the ... exchange of a controlled substance.” United States v. $4,255,000.00, 762 F.2d 895, 903 (11th Cir.1985) (emphasis in original); see also United States v. One 56-Foot Yacht Named Tahuna, 702 F.2d 1276, 1281 (9th [249]*249Cir.1983); United States v. $22,287.00 in U.S. Currency, 709 F.2d 442, 447 (6th Cir.1983). The overwhelming majority of jurisdictions have adopted the following standard for probable cause in a forfeiture proceeding: “reasonable ground for belief of guilt, supported by less than prima facie proof but more than mere suspicion.” United States v. $4,255,000.00, 762 F.2d at 903; United States v. $93,685.61, 730 F.2d 571, 572 (9th Cir.1984); United States v. $83,320.00 in U.S. Currency, 682 F.2d 573, 577 (6th Cir.1982); United States v. One 1978 Chevrolet Impala, 614 F.2d 983, 984 (5th Cir.1980). Further, “circumstantial evidence ... is sufficient to support the establishment of probable cause in a forfeiture proceeding.” United States v. $31,828.00 in U.S. Currency, 760 F.2d 228, 230-31 (8th Cir.1985).

Once the government meets its burden of showing probable cause, the burden shifts to the claimant to show by a preponderance of the evidence that the property is not subject to forfeiture. United States v. $84,000.00, 717 F.2d 1090, 1101 (7th Cir.1983). If the claimant fails in this regard, the government is entitled to forfeiture of the property. See United States v. Little Al, 712 F.2d 133, 137 (5th Cir.1983).

B. Unrebutted Showing of Probable Cause.

The government proffers the following evidence to establish probable cause for this forfeiture proceeding:

1. the large sum of cash found at the crash site;
2. a scale, commonly used by drug dealers, found at the crash site;
3. a notebook with drug and price notations, found at the crash site;
4. the claimants’ lack of employment;
5. the claimant’s lack of assets and gifts; and
6. DEA Special Agent William Hehr’s expert opinion that the items found at the crash site indicate that the currency at issue was furnished, or was intended to be furnished in exchange for a controlled substance.

In response to the government’s position, claimant does not challenge the factual accuracy of the evidence upon which the government bases its probable cause showing. Rather, claimant argues that the government’s proffered evidence fails to sufficiently establish the existence of probable cause. Specifically, claimant advances the four following contentions:

1) the government is relying entirely on Agent Hehr’s expert opinion, which is mere speculation;
2) the government has failed to show that the “drug records” reflected the entire amount of cash involved here;
3) no drugs were found; and
4) the only individual contacted denied any drug involvement with the claimant.

Claimant does not address the implications flowing from the fact that a large sum of cash was found at the crash site. A large sum of cash, in and of itself, is evidence of its use for the purpose of an illegal drug transaction. United States v. $93,685.61, 730 F.2d at 572.

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Related

Jones v. State
594 N.W.2d 738 (Wisconsin Supreme Court, 1999)
State v. 1978 Chevrolet Automobile
835 P.2d 1376 (Court of Appeals of Kansas, 1992)

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Bluebook (online)
660 F. Supp. 247, 1987 U.S. Dist. LEXIS 4185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-11198000-in-us-currency-wied-1987.