United States v. Thirty-three Thousand Eight Hundred Thirty-six Dollars in United States Currency

899 F. Supp. 574, 1995 U.S. Dist. LEXIS 14311, 1995 WL 574447
CourtDistrict Court, M.D. Alabama
DecidedSeptember 14, 1995
DocketCiv. A. No. 94-D-807-N
StatusPublished
Cited by2 cases

This text of 899 F. Supp. 574 (United States v. Thirty-three Thousand Eight Hundred Thirty-six Dollars in United States Currency) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Thirty-three Thousand Eight Hundred Thirty-six Dollars in United States Currency, 899 F. Supp. 574, 1995 U.S. Dist. LEXIS 14311, 1995 WL 574447 (M.D. Ala. 1995).

Opinion

MEMORANDUM OPINION

DE MENT, District Judge.

The above-styled case was tried on July 14, 1995 in the United States District Court for the Middle District of Alabama, Northern Division. The United States of America (hereafter “United States”) filed this civil forfeiture action on June 27, 1994, to which the claimant Robert L. Franklin (hereafter “Mr. Franklin”) responded in opposition on August 14, 1995. The United States avers that the defendant currency, thirty-three thousand, eight hundred thirty-six and no/100 dollars ($33,836.00), is subject to the forfeiture provisions of 21 U.S.C. § 881(a)(6). In support, the United States contends that said currency was used or intended to be used in exchange for controlled substances or represents proceeds of trafficking in controlled substances, or was used or intended to be used to facilitate a violation of Title II of the Controlled Substances Act, 21 U.S.C. § 801 et seq. However, Mr. Franklin responds that the defendant currency was not derived from illegal drug activity but, rather, represents proceeds from gainful employment and gambling activity.

[576]*576JURISDICTION & VENUE

Jurisdiction is proper under 21 U.S.C. § 801 et seq.1 Personal jurisdiction and venue are not contested.

FACTS

On or about February 8, 1995, the defendant currency was seized from the home of Mr. Franklin. The United States contends that the defendant currency is the proceeds of illegal drug transactions. According to the United States, said currency was used or intended to be used to facilitate an illegal drug sale. Moreover, the United States avers that the defendant currency was found commingled with marked money that had been used by a cooperating witness to consummate two controlled purchases of cocaine from Mr. Franklin. Mr. Franklin has been convicted of illegal drug sales.

Mr. Franklin contends that the currency seized from his home at 180 Miller Creek Road in Montgomery, Alabama, does not represent proceeds from illegal drug activity. Specifically, he alleges that the defendant currency was derived from: 1) his work as a subcontractor with Dan Watson (hereafter “Mr. Watson”), as it was allegedly necessary to maintain large sums of cash on hand to satisfy necessary and incidental expenditures of jobs he performed on behalf of Mr. Watson; and 2) gambling with other people including but not limited to Richard Thomas, the owner of Top Flite Disco in Montgomery, Alabama.

DISCUSSION

Section 881(a)(6), 21 U.S.C., subjects to forfeiture United States’ currency exchanged for controlled substances and all proceeds acquired therefrom.2 In a civil forfeiture action, the initial burden rests with the United States to establish probable cause to forfeit the property.3 United States v. Four Parcels of Real Property, 941 F.2d 1428, 1438 (11th Cir.1991); United States v. $4,255,000, 762 F.2d 895 (11th Cir.1985), cert. denied, 474 U.S. 1056, 106 S.Ct. 795, 88 L.Ed.2d 772 (1986). Upon a demonstration of probable cause, the burden of proof shifts to the claimant to prove, by a preponderance of the evidence, that the property is not subject to forfeiture; in other words, despite the government’s demonstration of probable cause, the money at issue is not connected or related to unlawful drug activity. Four Parcels of Real Property, 941 F.2d at 1438 (citations omitted). If the claimant does not meet this burden, the funds are forfeited to the United States. Id. at 1439.

Whether the United States has demonstrated probable cause is a question of law. $4,255,000, 762 F.2d at 903 n. 17; United States v. $364,960 in U.S. Currency, 661 F.2d 319, 323 & n. 12 (5th Cir.1981).4 The Eleventh Circuit has interpreted the probable cause requirement as “probable cause to believe 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 and Real Property, 803 F.2d 625, 628 (11th Cir.1986). The United States is not required to “actually prove by a preponderance of the evidence a substantial connection to drug dealing,” Four Parcels of Real Property, 941 F.2d at 1440 (quoting United States v. $41,[577]*577305 in Currency & Traveler’s Checks, 802-F.2d 1339, 1343 (11th Cir.1986)), but, rather, establish “reasonable ground for belief’ that a nexus exists between the currency to be forfeited and an illegal exchange of a controlled substance. United States v. $121,100 in U.S. Currency, 999 F.2d 1503, 1506 (11th Cir.1993) (citations omitted). This burden is “less than prima facie proof but more than mere suspicion.” $121,100, 999 F.2d at 1506 (citations omitted). Moreover, “[t]he existence of probable cause is judged ‘not with clinical detachment, but with a common sense view to the realities of normal life.’” 803 F.2d at 628 (quoting $4,255,000, 762 F.2d at 904).

The probable cause analysis is flexible with the court focusing on the “totality of the circumstances.” $121,100, 999 F.2d at 1506 (citations omitted). Further, it is well grounded in the law of forfeiture that “it is the totality of the circumstances, and not merely the ... amount of money involved, that gives rise to the finding of probable cause.” $121,100, 999 F.2d at 1506 (quoting $4,255,000, 762 F.2d at 903 n. 18). There must be some evidence connecting a large sum of money to an illegal exchange of a controlled substance. Id. (citing $4,255,000, 762 F.2d at 903). Accordingly, currency alone is insufficient to establish probable cause under § 881(a)(6). Id. at 1506.

The United States has presented unrefuted evidence that the defendant currency was commingled with marked cash used in a controlled drug purchase. Clearly, this significant fact is sufficient to satisfy their initial burden.5 Therefore, the court finds that the United States has established probable cause.

The court must next look to whether Mr. Franklin has proved by a preponderance of the evidence that the money had an innocent source and was not related to any drug trafficking, or otherwise refute the government’s showing of probable cause. United States v. $41,305 in Currency & Traveler’s Checks, 802 F.2d 1339, 1343 n. 6 (11th Cir.1986); United States v. One Single Family Residence, 933 F.2d 976, 979 (11th Cir.1991). Mr. Franklin contends that he has met this burden in that the defendant currency was obtained through legal means.

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899 F. Supp. 574, 1995 U.S. Dist. LEXIS 14311, 1995 WL 574447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thirty-three-thousand-eight-hundred-thirty-six-dollars-in-almd-1995.