United States v. South Half of Lot 7 & Lot 8, Block 14

910 F.2d 488, 1990 U.S. App. LEXIS 13312, 1990 WL 108861
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 3, 1990
DocketNo. 88-2212NE
StatusPublished
Cited by14 cases

This text of 910 F.2d 488 (United States v. South Half of Lot 7 & Lot 8, Block 14) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. South Half of Lot 7 & Lot 8, Block 14, 910 F.2d 488, 1990 U.S. App. LEXIS 13312, 1990 WL 108861 (8th Cir. 1990).

Opinion

FAGG, Circuit Judge.

Despite Congress’s statement in 18 U.S.C. § 1955(d) (1988) that “[a]ny property, including money, used in [an illegal gambling business] may be seized and forfeited to the United States,” the district court held “the words ‘any property’ ... do not encompass real property” and dismissed the forfeiture actions brought by the government against thirteen parcels of real estate allegedly connected with illegal gambling operations. Because the district court’s interpretation finds no support in the plain meaning of the words “any property,” we reverse and remand for further proceedings on the government’s complaints for forfeiture.

The task of resolving the dispute over the scope of section 1955(d)’s forfeiture provision begins with the language of the statute itself. United States v. Ron Pair Enters., 489 U.S. 235, 241, 109 S.Ct. 1026, 1030, 103 L.Ed.2d 290 (1989). When used without qualification, the word “property” includes both real and personal property within its sweep. Fidelity & Deposit Co. v. Arenz, 290 U.S. 66, 68, 54 S.Ct. 16, 17, 78 L.Ed. 176 (1933); Black’s Law Dictionary 1095 (5th ed. 1979); Webster’s Third New International Dictionary 1818 (1981). Indeed, Congress’s use of the word “any” to describe property “undercuts a narrower] construction.” United States v. James, 478 U.S. 597, 605, 106 S.Ct. 3116, 3121, 92 L.Ed.2d 483 (1986). The language of the forfeiture provision is plain and clear: real property used in illegal gambling operations may be seized and forfeited. The Second Circuit shares our view. United States v. The Premises & Real Property at 614 Portland Ave., 846 F.2d 166, 167 (2d Cir.1988) (per curiam), aff'g 670 F.Supp. 475, 478 (W.D.N.Y.1987).

Although we believe the plain meaning of the forfeiture provision settles the question before us, we also look to the legislative history to see whether there is a “ ‘clearly expressed legislative intention to the contrary.’ ” James, 478 U.S. at 606, 106 S.Ct. at 3121 (quoted citation omitted). In doing so, we must keep in mind there is “ ‘no more persuasive evidence of the purpose of a statute than the words by which [Congress] undertook to give expression to its wishes.’ ” Griffin v. Oceanic Contractors, Inc., 458 U.S. 564, 571, 102 S.Ct. 3245, 3250, 73 L.Ed.2d 973 (1982) (quoted citation omitted). “The mere fact that statutory provisions conflict with language in the legislative history is not an exceptional circumstance permitting a court to apply the legislative history rather than the statute.” In re Erickson Partnership, 856 F.2d 1068, 1070 (8th Cir.1988); see also In re Sinclair, 870 F.2d 1340, 1341 (7th Cir.1989). Courts must enforce a statute according to its plain terms “except in the [490]*490‘rare cases [in which] [a] literal application ... will produce a result demonstrably at odds with the intention of [the] drafters.’ ” Ron Pair Enters., 489 U.S. at 242, 109 S.Ct. at 1031 (quoted citation omitted).

In this instance, the relevant legislative history is sparse and it contains no compelling signal that Congress gave the words “any property” in section 1955(d)’s forfeiture provision anything other than their plain meaning. The property owners nevertheless argue that a single exchange between one senator and an assistant attorney general establishes that Congress never intended real property to be forfeited under the statute. We disagree.

During a senate subcommittee hearing considering a bill aimed at curtailing illegal gambling, an assistant attorney general was asked by the subcommittee’s chairman for his thoughts on adding “a forfeiture provision that would cover the equipment, adding machines, and money” used in illegal gambling operations. In responding, the assistant attorney general proposed a forfeiture provision containing language— “any property” — that did not exclude real property. The full committee adopted this language and, several months later, forwarded the bill for consideration. Ten months after the gambling bill left the committee, Congress enacted the forfeiture provision leaving the “any property” language intact. See Organized Crime Control Act of 1970, Pub.L. No. 91-452, § 803(a), 84 Stat. 922, 938; see also Measures Relating to Organized Crime: Hearings on S. 30, S. 974, S. 975, S. 976, S. 1623, S. 1624, S. 1861, S. 2022, S. 2122, & S. 2292 Before the Subcomm. on Criminal Laws & Procedures of the Senate Comm, on the Judiciary, 91st Cong., 1st Sess. 397, 412 (1969); S.Rep. No. 617, 91st Cong., 1st Sess. 1, 17 (1969).

This legislative history does not show that either the committee or Congress gave the words “any property” anything other than their plain meaning. See United States v. Taylor, 487 U.S. 326, 345, 108 S.Ct. 2413, 2424, 101 L.Ed.2d 297 (1988) (Scalia, J., concurring in part) (when statutory text is unambiguous, we must assume Congress voted on “what the text plainly said”). Indeed, one member of the House remarked during floor debate that the bill’s forfeiture provision would permit “any property used in illegal gambling ... to be seized and subjected to judicial forfeiture procedures.” 116 Cong.Rec. H35,295 (daily ed. Oct. 7, 1970) (statement of Rep. Poff).

As the Supreme Court has aptly observed, “ ‘[t]he plain words and meaning of a statute cannot be overcome by a legislative history [that] ... may furnish dubious bases for inference in every direction.’ ” Ex parte Collett, 337 U.S. 55, 61, 69 S.Ct. 944, 947, 93 L.Ed. 1207 (1949) (quoted citation omitted). Even if an isolated encounter between one senator and an assistant attorney general in the early stages of the legislative process raises questions about Congress’s legislative intent, the answers to. those questions are inconclusive. See American Tobacco Co. v. Patterson, 456 U.S. 63, 71, 102 S.Ct. 1534, 1538, 71 L.Ed.2d 748 (1982); see also Wisconsin R.R. Comm'n v. Chicago, Burlington & Quincy R.R., 257 U.S. 563, 589, 42 S.Ct. 232, 237, 66 L.Ed. 371 (1922) (legislative history is “only admissible to solve doubt and not to create it”). That being the case, we must carry out Congress’s purpose by adhering to “the plain language of the statute itself.” United States Marshals Serv. v. Means, 741 F.2d 1053, 1056 (8th Cir.1984) (en banc).

The property owners also argue that if Congress had intended to permit the forfeiture of real property under section 1955(d), Congress would have mentioned land specifically in the statute. We disagree. We believe “Congress could not have chosen ...

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No. 88-2212ne
910 F.2d 488 (Eighth Circuit, 1990)

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910 F.2d 488, 1990 U.S. App. LEXIS 13312, 1990 WL 108861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-south-half-of-lot-7-lot-8-block-14-ca8-1990.