United States v. $14,500.00 in United States Currency

767 F. Supp. 1123, 1991 U.S. Dist. LEXIS 9586, 1991 WL 127186
CourtDistrict Court, M.D. Florida
DecidedApril 1, 1991
DocketNo. 90-0545-CIV-ORL-18
StatusPublished
Cited by5 cases

This text of 767 F. Supp. 1123 (United States v. $14,500.00 in United States Currency) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. $14,500.00 in United States Currency, 767 F. Supp. 1123, 1991 U.S. Dist. LEXIS 9586, 1991 WL 127186 (M.D. Fla. 1991).

Opinion

ORDER

G. KENDALL SHARP, District Judge.

The government brought this civil forfeiture action in rem against defendant $14,-500.00 in United States currency under 21 U.S.C. § 881(a)(6) (1988). Jennifer Marie Mase claimed the currency. The court held a non-jury trial on March 12, 1991, and ruled from the bench that the money came from an illegal source and that it was used or was intended to be used for an unlawful purpose; therefore, the court ordered the forfeiture of the currency. In accordance with Federal Rule of Civil Procedure 52(a), the court enters this order.

I. Findings of Fact

On January 26, 1990, Jennifer Marie Mase went to the Orlando International Airport to purchase a round-trip airline ticket from Orlando to Miami, Florida. She made the reservations earlier in the day and was scheduled to leave at 4:30 p.m. and return to Orlando at 7:55 p.m. that evening. The flight, however, was overbooked, and she had to buy a ticket on another flight scheduled to leave Orlando an hour after her original departure time. She purchased the ticket with cash and carried no luggage with her. She was still scheduled to return to Orlando at 7:55 p.m.

After paying for the ticket, Miss Mase asked the ticket agent for a bag. The [1125]*1125agent went into a room behind the counter and returned with a brown paper bag. Miss Mase took a large bundle of currency that was wrapped in a paper towel out of her purse. The money was in small bills, separated into individual piles, and secured by rubber bands. She placed the money into the paper bag, put the bag into her purse, and left the counter. The ticket agent saw the money and called airport security to report the matter. As Miss Mase walked to her departure gate, two agents of the Drug Enforcement Task Force followed her. Miss Mase stopped at a pay phone, dialed a telephone-pager number, and hung up the receiver. Shortly thereafter, she received a telephone call from Harlan Blackburn, a well-known Orlando criminal. According to Miss Mase, she called Mr. Blackburn because he was a friend and because she wanted to talk with someone while she waited for her flight to depart.

After Miss Mase finished her telephone conversation, the two Task Force agents approached her. One agent asked her whether she was carrying a large amount of cash. She admitted that she was, but refused to divulge the amount. The agent asked her where she was going with the money. Miss Mase told him she was traveling to Miami to visit her brother who was having financial troubles and needed cash quickly. She did not know how much money her brother needed, so she took a large sum to ensure having enough to pay his debts; the remaining money she would use to pay her expenses while she was in Miami. She carried cash, instead of a check, because she had planned the trip “on the spur of the moment.” When asked where she had gotten the money, Miss Mase told the agents she had saved the money from her various jobs and had kept it under her mattress. She was unemployed at the time, and the jobs she had worked during the previous years were all low paying. Miss Mase was unable to give the agents her brother’s telephone number for them to verify her story. She was nervous while she spoke with the agents.

Miss Mase agreed to accompany the agents to an office in the airport for questioning. In the office, she handed the brown paper bag to one of the agents. He placed the unopened bag on the floor next to several other paper items. A drug detection dog was brought into the room, and it alerted on the brown paper bag for the presence of a controlled substance. The agents seized the currency, counted it in Miss Mase’s presence, and gave her a receipt for $14,500.00. The agents did not find any narcotics in the paper bag.

Miss Mase has changed her explanation regarding the source of the money on several occasions. Soon after she had spoken with the agents in the airport, a member of the Orlando Metropolitan Bureau of Investigation (OMBI) interviewed her in her home. She told him she had obtained the money from a friend who had received one- and-one-half million dollars in a lawsuit. At her deposition in September 1990, she stated she had received the money from various friends. The chief contributor was Eric “Tack” Hoffman, a millionaire and a good friend, who had given her $13,000.00. At trial, however, she said he had only given her $10,000.00. Mr. Hoffman did not testify on Miss Mase’s behalf; he was allegedly traveling in Europe.

With respect to her trip to Miami, Miss Mase testified that she was visiting her brother not only to help him financially, but also to discuss the problems he was having with his girlfriend, the problems she was having with her boyfriend, and the possibility of her moving into his apartment and the two of them starting a photography business. Although she had a return flight the same day, she testified that she might not have taken it. Even though she did not have any luggage with her, she might have stayed in Miami had she and her brother agreed to live together and start a business.

About one month after the currency was seized at the airport, Miss Mase moved into the cottage behind Harlan Blackburn’s residence. In July of the same year, she was arrested for constructive possession of cocaine. During their search of the cottage, the police found $919.00 in cash, a plastic bag with cocaine residue in it, a Pepsi-Cola [1126]*1126can converted into a smoking device, a propane torch, and a digital scale. Miss Mase testified that only the cash belonged to her. She claimed Mr. Blackburn owned the furniture in the cottage, and she never had reason to use it. As such, she did not know that the Pepsi can was in the dresser or that the plastic bag was underneath the pillow. She did know about the digital scale. Miss Mase claimed her boyfriend, a body builder, used it to weigh his food. Her boyfriend, however, testified that he was unaware of the digital scale.

II. Conclusions of Law

A. Government’s Burden of Proof

The government had the burden of proving it had probable cause to believe the currency it seized from Miss Mase at the airport was used or was intended to be used in an unlawful manner. See 21 U.S.C. § 881(a)(6) (1988). To establish probable cause, the government had to show that “a substantial connection exists between the property to be forfeited and an illegal exchange of a controlled substance.” United States v. A Single Family Residence, 803 F.2d 625, 628 (11th Cir.1986). “Under Section 881(a)(6), the government is not required to show that the property is owned by a drug trafficker, but rather that it has a substantial connection to a drug transaction.” Id. at 629. The probable cause needed is a “ ‘reasonable ground for belief of guilt, supported by less than prima facie proof, but more than mere suspicion.’ ” Id. at 628. “The existence of probable cause is judged ‘not with clinical detachment, but with a common sense view to the realities of normal life.’ ” Id.

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Bluebook (online)
767 F. Supp. 1123, 1991 U.S. Dist. LEXIS 9586, 1991 WL 127186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-1450000-in-united-states-currency-flmd-1991.