United States v. One Lot of Seventeen Thousand Two Hundred Twenty Dollars ($17,220.00) in United States Currency

183 F.R.D. 54, 1998 U.S. Dist. LEXIS 21233, 1998 WL 796009
CourtDistrict Court, D. Rhode Island
DecidedNovember 9, 1998
DocketCIV.A. No. 98-139ML
StatusPublished

This text of 183 F.R.D. 54 (United States v. One Lot of Seventeen Thousand Two Hundred Twenty Dollars ($17,220.00) in United States Currency) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. One Lot of Seventeen Thousand Two Hundred Twenty Dollars ($17,220.00) in United States Currency, 183 F.R.D. 54, 1998 U.S. Dist. LEXIS 21233, 1998 WL 796009 (D.R.I. 1998).

Opinion

MEMORANDUM AND ORDER

HAGOPIAN, United States Magistrate Judge.

The plaintiff, the United States, alleges in this action that the defendant currency constitutes monies furnished in exchange for controlled substances and the proceeds of controlled substance exchanges within the meaning of 21 U.S.C. § 881(a)(6). It is further alleged, that by reason of the foregoing, the defendant currency is forfeited to the United States pursuant to the provisions of 21 U.S.C. § 881(a)(6). The case has been referred to me for trial and disposition pursuant to 28 U.S.C. § 636(c).

Motions Before the Court

Before the court are two motions of the claimant, Brian Faria, which seek dismissal of the government’s complaint for forfeiture in rem. The claimant’s “motions to dismiss” are treated by the Court as motions to dismiss for failure to state a claim upon which relief can be granted under Fed.R.Civ.P. 12(b)(6). In ruling on a motion to dismiss, the Court construes the complaint in the light most favorable to the plaintiff, taking all well-pleaded allegations as. true and giving the plaintiff the benefit of all reasonable inferences. See Negron-Gaztambide v. Hernandez-Torres, 35 F.3d 25, 27 (1st Cir.1994), cert. denied, 513 U.S. 1149, 115 S.Ct. 1098, 130 L.Ed.2d 1066 (1995). Dismissal under Rule 12(b)(6) is appropriate only if “it appears beyond a reasonable doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 46-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). The first motion alleges that allowing the government. to proceed would violate the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. The second motion alleges the complaint is not supported by probable cause. An evidentiary hearing was neither requested nor conducted. There was no oral argument. I have considered the respective submissions of the parties’ papers in support of and in opposition to the motions now before the Court. Fed.R.Civ.P. 78. For the reasons set forth below, both motions are denied.

I. BACKGROUND

Faria was found guilty on December 12, 1997, of conspiracy to possess cocaine in violation of Title 21 U.S.C. § 846 and of possession of cocaine in violation of 21 U.S.C. § 844. On June 12, 1997, officers of the Providence Police Department executed a search of Faria’s residence located at 76 Amity Street, Apartment C, Providence, Rhode [56]*56Island, pursuant to a search warrant issued by a judge of the District Court of the State of Rhode Island. Among the items seized were: a .38 caliber Charter Arms revolver, serial # 170531; 23 rounds of .38 ammunition; a triple-beam balance scale; a ziplock bag containing approximately 5 ounces of cocaine, and the defendant currency, one lot of seventeen thousand two hundred twenty dollars ($17,220.00). On March 18, 1998, the government filed the instant complaint for forfeiture in rem, pursuant to 21 U.S.C. § 881(a)(6). A warrant to seize the currency was issued on March 20,1998. Faria filed an answer to the complaint together with a claim of ownership on March 31, 1998. Claimant then filed the instant motions to dismiss.

II. DISCUSSION

A. Double Jeopardy

1. Applicable Law

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution protects citizens from twice being placed in jeopardy for the same offense. United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989). The Supreme Court in United States v. Ursery, 518 U.S. 267, 116 S.Ct. 2135, 135 L.Ed.2d 549 (1996), held that separate criminal prosecutions and civil forfeiture actions do not constitute double jeopardy. Specifically, the court determined that civil forfeitures for violations of narcotics laws are neither “punishment” nor “criminal” for purposes of double jeopardy. Id., 518 U.S. 267, 116 S.Ct. at 2147, 2148. The Supreme Court stated:

Since the earliest years of this Nation, Congress has authorized the Government to seek parallel in rem civil forfeiture actions and criminal prosecutions based on the same underlying events. Id., 518 U.S. 267, 116 S.Ct. at 2140.

Accordingly, for the reasons stated below, I find that the forfeiture proceeding which is now before the court does not violate the Double Jeopardy Clause of the Fifth Amendment.

The claimant, Brian Faria, contends that the Ursery decision “does not address circumstances where proceedings are so punitive in fact that they may not legitimately be viewed as civil in nature.” Faria asserts that his case falls outside the scope of the Ursery decision and that the government turned what may have been a remedial act into a punitive one. Faria alleges the government initiated the forfeiture proceeding in response to a jury verdict less serious than the original charges. I find that claimant misinterprets Ursery and how it applies to forfeiture proceedings.

Title 21 U.S.C. § 881(a)(6), to the extent it applies to “proceeds” of illegal narcotics activity, serves the non-punitive goal of ensuring that persons do not profit from their illegal acts. Ursery, 518 U.S. 267, 116 S.Ct. at 2148-2149. The forfeiture of items used in or derived from illegal drug transactions serves a remedial rather than punitive purpose. Id., 518 U.S. 267, 116 S.Ct. at 2149. Forfeitures result in the confiscation of property used in violation of the law and the disgorgement of the fruits of illegal conduct. Id., 518 U.S. 267, 116 S.Ct. at 2144. Forfeiture serves a deterrent purpose distinct from any punitive purpose. Bennis v. Michigan, 516 U.S.

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183 F.R.D. 54, 1998 U.S. Dist. LEXIS 21233, 1998 WL 796009, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-one-lot-of-seventeen-thousand-two-hundred-twenty-dollars-rid-1998.