United States v. $93,685.61 in U.S. Currency, Benjamin Lonzo Willis, Claimant-Appellee, 730 F.2d 571 (9th Cir. 1984). · Go Syfert
United States v. $93,685.61 in U.S. Currency, Benjamin Lonzo Willis, Claimant-Appellee, 730 F.2d 571 (9th Cir. 1984). Cases Citing This Book View Copy Cite
142 citation events (21 in the last 25 years) across 43 distinct courts.
Strongest positive: United States v. $25,325.00 IN U.S. CURRENCY (ncmd, 2022-09-21)
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discussed Cited as authority (rule) United States v. $25,325.00 IN U.S. CURRENCY
M.D.N.C. · 2022 · confidence medium
The Fourth Circuit has made clear that “[c]ircumstantial evidence of drug transactions is sufficient to support the establishment of probable cause in a forfeiture proceeding.” United States v. Thomas, 913 F.2d 1111, 1117 (4th Cir. 1990) (quoting United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir. 1984)).
discussed Cited as authority (rule) Bouari v. United States
D. Nev. · 2021 · confidence medium
This is a critical distinction. 12 The court is also persuaded by the government’s analysis that large sums of money can 13 be strong evidence that criminal activity was “likely afoot.” (ECF No. 4 at 4); see United States 14 v. Padilla, 888 F.2d 642, 644 (9th Cir. 1989) (characterizing $40,000 as an “extremely large 15 amount” of money that most “law-abiding wage earners” do not keep lying around) (citation 16 omitted); United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir. 1984) 17 (extremely large amount of money itself is strong evidence of criminal activity…
discussed Cited as authority (rule) United States v. Veronica Ramirez
9th Cir. · 2017 · confidence medium
P. 36(a)(3) (providing that a matter is deemed admitted unless party serves timely answer or objection to request for admission); Conlon v. United States, 474 F.3d 616, 621 (9th Cir. 2007) (‘‘Unanswered requests for admissions may be relied on as the basis for granting summary judgment.”); United States v. Currency, U.S. $⅛2,500.00, 283 F.3d 977, 980 (9th Cir. 2002) (funds must be traceable to drug trafficking taking into account all facts cumulatively); United States v. $22,474.00 in U.S. Currency, 246 F.3d 1212, 1217 (9th Cir. 2001) (“Evidence of a prior drug conviction is probativ…
discussed Cited as authority (rule) Torres v. Goddard
D. Ariz. · 2016 · confidence medium
See, e.g., U.S. v. Approximately $1.67 Million in Cash, 513 F.3d 991, 999-1000 (9th Cir.2008); U.S. v. $5,644,540,00 in U.S. Currency, 799 F.2d 1357 , 1363 (9th Cir. 1986); U.S. v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984).
discussed Cited as authority (rule) United States v. $119,030.00 in U.S. Currency
W.D. Va. · 2013 · confidence medium
Of course, the discovery of large quantities of cash alone is not sufficient to show a connection to illegal drug transactions, but it can be “strong evidence that the money was furnished or intended to be furnished in return for drugs.” United States v. $98,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984).
discussed Cited as authority (rule) United States v. $58,422.00 in U.S. Currency
9th Cir. · 2005 · confidence medium
Nevertheless, to establish the necessary connection between such assets and drag trafficking, we have required that the assets “be ‘in combination with other persua sive circumstantial evidence.’ ” United States v. Padilla, 888 F.2d 642, 644 (9th Cir.1989) (quoting United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984) (per curiam)).
discussed Cited as authority (rule) Pope v. Gordon
S.C. Ct. App. · 2004 · confidence medium
In reaching this conclusion, the Court noted that “ ‘[circumstantial evidence of drug transactions is sufficient to support the establishment of probable cause in a forfeiture proceeding,’ without showing a ‘direct connection between the property subject to seizure and the illegal activity that renders the items forfeitable.’ ” Id. at 1117 (quoting United States v. Edwards, 885 F.2d 377, 390 (7th Cir.1989) and United States v. $93,685.61 in United States Currency, 730 F.2d 571, 572 (9th Cir.1984)) (citations omitted).
discussed Cited as authority (rule) United States v. $118,170.00 in U.S. Currency
6th Cir. · 2003 · confidence medium
However, “possession of a large amount of cash is ‘strong evidence that the money was furnished or intended to be furnished in return for drugs.’” United States v. Currency, U.S. $42,500.00, 283 F.3d 977, 981 (9th Cir.2002) (quoting United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984)).
discussed Cited as authority (rule) United States v. Twelve Pieces of Real Property With all Appurtenances
9th Cir. · 2003 · confidence medium
United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984) (citing United States v. One 56-Foot Yacht Named Tahuna, 702 F.2d 1276, 1281 (9th Cir.1983)); see also Ursery, 518 U.S. at 289 ; United States v. $80,180.00 in U.S. Currency, 303 F.3d 1182, 1184 (9th Cir. 2002).
discussed Cited as authority (rule) United States v. Ten Thousand Seven Hundred Dollars & No Cents (2×)
3rd Cir. · 2001 · confidence medium
E.g., $36,634, 103 F.3d at 1051, 1054-55 (stating that circumstantial evidence was sufficient to show currency’s link to drug activities where claimant associated with known drug traffickers who had been recently arrested for importing marijuana, and claimant planned to take identical route as drug traffickers); United States v. $149,442.43 in United States Currency, 965 F.2d 868 , 876-77 (10th Cir.1992) (finding that large amount of hidden currency, presence of drug paraphernalia, including packaging supplies and drug notations reflecting large drug transactions, established probable cause …
discussed Cited as authority (rule) United States v. Ten Thousand Seven Hundred Dollars and No Cents ($10,700.00) in United States Currency Allan Johnson (Delaware District Court No. 98-Cv-00600) United States of America v. Twenty One Thousand Four Hundred and Sixty Dollars and No Cents ($21,460.00) in United States Currency (Delaware District Court No. 98-Cv-00603) Allan Johnson Jermaine P. Thomas, United States Court of Appeals for the Third Circuit
3rd Cir. · 2001 · confidence medium
E.g., $36,634, 103 F.3d at 1051, 1054-55 (stating that circumstantial evidence was sufficient to show currency's link to drug activities where claimant associated with known drug traffickers who had been recently arrested for importing marijuana, and claimant planned to take identical route as drug traffickers); United States v. $149,442.43 in United States Currency, 965 F.2d 868 , 876-77 (10th Cir. 1992) (finding that large amount of hidden currency, presence of drug paraphernalia, including packaging supplies and drug notations reflecting large drug transactions, established probable cause t…
discussed Cited as authority (rule) United States v. $405,089.23 U.S. Currency
9th Cir. · 2001 · confidence medium
See, e.g., United States v. $215,300 U.S. Currency, 882 F.2d 417, 419 (9th Cir.1989); United States v. U.S. Currency, $83,310.78, 851 F.2d 1231, 1235-36 (9th Cir.1988); United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984).
discussed Cited as authority (rule) Nos. 97-55642, 97-55650
9th Cir. · 1999 · confidence medium
There is no doubt that"[c]ircumstantial evidence of drug transactions is sufficient to support the establishment of probable cause in a forfeiture proceeding." United States v. $5,644,540.00 in U.S. Currency, 799 F.2d 1357 , 1363 (9th Cir. 1986) (quoting United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir. 1984)).
discussed Cited as authority (rule) United States v. Real Property Known as 22249 Dolorosa Street
9th Cir. · 1999 · confidence medium
There is no doubt that “[c]ircumstantial evidence of drug transactions is sufficient to support the establishment of probable cause in a forfeiture proceeding.” United States v. $5,644,540.00 in U.S. Currency, 799 F.2d 1357, 1363 (9th Cir.1986) (quoting United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984)).
discussed Cited as authority (rule) Jones v. State (2×)
Wis. · 1999 · confidence medium
United States v. $321,470.00, United States Currency, 874 F.2d 298, 305 (5th Cir. 1989); United States v. $93,685.61 in United States Currency, 730 F.2d 571, 572 (9th Cir. 1984); United States v. $22,287.00, United States Currency, 709 F.2d 442, 449 (6th Cir. 1983); United States v. $60,000, 763 F. Supp. 909, 915-16 (E.D.
discussed Cited as authority (rule) United States v. $86,020.00 in U.S. Currency
D. Ariz. · 1997 · confidence medium
United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984) and Padilla, 888 F.2d at 644 (circumstantial evidence of drug transactions is sufficient to support the establishment of probable cause in a forfeiture proceeding).
discussed Cited as authority (rule) People v. $497,590 United States Currency
Cal. Ct. App. · 1997 · confidence medium
(U.S. v. $39,873.00 (8th Cir. 1996) 80 F.3d 317, 319 [“possession of a large amount of cash [nearly $40,000] is strong evidence that the cash is connected with drug trafficking”]; U.S. v. $67,220.00 in U. S. Currency (6th Cir. 1992) 957 F.2d 280, 285 [carrying a large sum of cash is strong evidence of some relationship with illegal drugs]; U.S. v. Currency, in the Amount of $150,660.00 (8th Cir. 1992) 980 F.2d 1200, 1206 [several courts have held the possession of a large amount of cash is strong evidence the cash is connected with drug activity]; United States v. $93,685.61 in U.S. Curren…
discussed Cited as authority (rule) 97 Cal. Daily Op. Serv. 7322, 97 Daily Journal D.A.R. 11,794
9th Cir. · 1997 · confidence medium
We have held that "the test requires more than the mere existence of a large amount of cash to establish a connection between that cash and illegal drug transactions; the money must be 'in combination with other persuasive circumstantial evidence.' " United States v. Padilla, 888 F.2d 642, 644 (9th Cir.1989) (quoting United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984)).
discussed Cited as authority (rule) United States v. $405,089.23 U.S. Currency
9th Cir. · 1997 · confidence medium
We have held that “the test requires more than the mere existence of a large amount of cash to establish a connection between that cash and illegal drug transactions; the money must be ‘in combination with other persuasive circumstantial evidence.’ ” United States v. Padilla, 888 F.2d 642, 644 (9th Cir.1989) (quoting United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984)).
discussed Cited as authority (rule) United States v. Check No. 25128 in the Amount of $58,654.11
9th Cir. · 1997 · confidence medium
We find probable cause to believe both that the cash was connected to illegal drug activity, see United States v. $29,959.00 U.S. Currency, 931 F.2d 549, 553 (9th Cir.1991); United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir. 1984), and that the cheek was proceeds of that illegal activity.
discussed Cited as authority (rule) 97 Cal. Daily Op. Serv. 6900, 97 Daily Journal D.A.R. 11,142
9th Cir. · 1997 · confidence medium
We find probable cause to believe both that the cash was connected to illegal drug activity, see United States v. $29,959.00 U.S. Currency, 931 F.2d 549, 553 (9th Cir.1991); United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir. 1984), and that the check was proceeds of that illegal activity. 9 Johnson comments caustically on the government's ability to multiply, magically as it were, the proceeds of the drug transactions--first the government gets the $44,850, then it gets the $58,654.11, all representing "the proceeds" of a single cash hoard of $44,850.
cited Cited as authority (rule) United States v. Property Identified as 1813 15th Street N.W.
D.D.C. · 1997 · confidence medium
United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984).
discussed Cited as authority (rule) United States v. One Lot of U.S. Currency ($36,634)
1st Cir. · 1997 · confidence medium
Even where “no particular circumstance is conclusive,” it is “the ‘aggregate’ of the facts” that is examined. $250,000, 808 F.2d at 899 (quoting United States v. $93,685.61, 730 F.2d 571, 572 (9th Cir.), cert. denied, Willis v. United States, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984)).
discussed Cited as authority (rule) United States v. One 1986 Dassault Falcon 50, XA-RXZ
9th Cir. · 1996 · confidence medium
"Circumstantial evidence of drug transactions is sufficient to support the establishment of probable cause in a forfeiture proceeding." United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.) cert. denied, 469 U.S. 831 (1984).
discussed Cited as authority (rule) United States v. $639,470.00 U.S. Currency
C.D. Cal. · 1996 · confidence medium
See United States v. $5,644,540.00 in U.S. Currency, 799 F.2d 1357, 1363 (9th Cir. 1986); United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984).
discussed Cited as authority (rule) United States v. $277,865.00 United States Currency, and Ernest House, Claimant-Appellant (2×) also: Cited "see"
9th Cir. · 1995 · confidence medium
First, the mere presence of almost a quarter of a million dollars in House's trunk is itself "strong evidence that the money was furnished or intended to be furnished in return for drugs." United States v. $93,685.61 U.S. Currency, 730 F.2d 571, 572 (9th Cir.) (per curiam), cert. denied, 469 U.S. 831 (1984); United States v. Padilla, 888 F.2d 642, 645 (9th Cir.1989).
cited Cited as authority (rule) United States v. Eight Firearms
S.D.W. Va · 1995 · confidence medium
United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984).
cited Cited as authority (rule) United States v. $147,642.00 U.S. Currency
9th Cir. · 1994 · confidence medium
United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984).
discussed Cited as authority (rule) United States v. U.S. Currency, $30,060.00, Albert Joseph Alexander, Claimant-Appellee (2×)
9th Cir. · 1994 · confidence medium
The determination of probable cause is based on “the aggregate of facts,” United States v. $98,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984), and “simply involves the question whether the information relied on by the government is adequate and sufficiently reliable to warrant the belief by a reasonable person that the [money] was” connected to drugs.
discussed Cited as authority (rule) United States v. $200,226.00 in U.S. Currency
D.P.R. · 1994 · confidence medium
In short, “the money, combined with other persuasive circumstantial evidence ... is sufficient here to establish probable cause.” $215,300 in U.S. Currency, 882 F.2d at 419-20 , quoting United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.) (per curiam), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984).
discussed Cited as authority (rule) State v. Seven Thousand Dollars (2×)
N.J. · 1994 · confidence medium
United States v. Padilla & $40,787.00 U.S. Currency, 888 F.2d 642, 644 (9th Cir.1989); United States v. $38,600.00 in U.S. Currency, 784 F.2d 694, 698 (5th Cir.1986); United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984).
discussed Cited as authority (rule) United States v. $191,910.00 in U.S. Currency, Bruce R. Morgan, Claimant-Appellee (2×) also: Cited "see"
9th Cir. · 1994 · confidence medium
See, e.g., United States v. $215,300 U.S. Currency, 882 F.2d 417, 419 (9th Cir.1989) (per curiam) (more than ten times the cash here); United States v. $83,310.78, 851 F.2d 1231, 1236 (9th Cir.1988) (at least four times the cash here); United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984) (per curiam) (four to six times the cash here).
cited Cited as authority (rule) United States v. $121,100.00 in United States Currency, Katie Foster, Claimant-Appellant
11th Cir. · 1993 · confidence medium
See, e.g., $4,255,625.39, 762 F.2d at 903-04 ; United States v. $93,685.61, 730 F.2d 571, 572 (9th Cir.), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984).
cited Cited as authority (rule) United States v. Sixty-Eight Thousand Five Hundred Eighty Dollars ($68,580.00) in United States Currency
M.D. Ga. · 1993 · confidence medium
United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.) (per curiam), cert. denied sub nom.
cited Cited as authority (rule) United States v. One Hundred Forty-Nine Thousand Four Hundred Forty-Two and 43 100 Dollars
10th Cir. · 1992 · confidence medium
See Padilla, 888 F.2d at 644; United States v. $93,685.61 in United States Currency, 730 F.2d 571, 572 (9th Cir.1984).
cited Cited as authority (rule) United States v. One Hundred Forty-Nine Thousand Four Hundred Forty-Two & 43/100 Dollars ($149,442.43) in United States Currency
10th Cir. · 1992 · confidence medium
See Padilla, 888 F.2d at 644; United States v. $93,685.61 in United States Currency, 730 F.2d 571, 572 (9th Cir.1984).
discussed Cited as authority (rule) United States v. $191,910 in U.S. Currency
N.D. Cal. · 1992 · confidence medium
If the government succeeds in showing probable cause to institute forfeiture proceedings, “the burden shifts to the claimant to prove by a preponderance of the evidence that the item was not furnished or intended to be furnished in exchange for a controlled substance.” United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984) (per curiam); Dickerson, supra at 444 .
cited Cited as authority (rule) Idaho Department of Law Enforcement v. $34,000 United States Currency
Idaho Ct. App. · 1991 · confidence medium
United States v. U.S. Currency, $83,310.78, 851 F.2d at 1236 , citing United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.), cert. denied sub nom.
cited Cited as authority (rule) United States v. $175,918.00 in United States Currency
S.D.N.Y. · 1991 · signal: cf. · confidence medium
Cf. United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984); $2,500, supra, 689 F.2d at 16 .
discussed Cited as authority (rule) No. 89-6317
4th Cir. · 1990 · confidence medium
The court failed to note the significance of this evidence, namely that the possession of unusually large amounts of cash, see United States v. $215,300 United States Currency, 882 F.2d 417, 419 (9th Cir.1989); United States v. $93,685.61 in United States Currency, 730 F.2d 571, 572 (9th Cir.1984); United States v. $2,500 in United States Currency, 689 F.2d 10, 16 (2d Cir.1982), or the making of uncommonly large cash purchases, United States v. Certain Real Property Situated at Route 3, Box 247E, Mountain Home, AR, 568 F.Supp. 434, 436 (W.D.Ark.1983), may be circumstantial evidence of drug tra…
discussed Cited as authority (rule) United States v. Thomas
4th Cir. · 1990 · confidence medium
The court failed to note the significance of this evidence, namely that the possession of unusually large amounts of cash, see United, States v. $215,300 United States Currency, 882 F.2d 417, 419 (9th Cir.1989); United States v. $93,685.61 in United States Currency, 730 F.2d 571, 572 (9th Cir.1984); United States v. $2,500 in United States Currency, 689 F.2d 10, 16 (2d Cir.1982), or the making of uncommonly large cash purchases, United States v. Certain Real Property Situated at Route 3, Box 247E, Mountain Home, AR, 568 F.Supp. 434, 436 (W.D.Ark.1983), may be circumstantial evidence of drug tr…
cited Cited as authority (rule) United States v. Five Thousand Seven Hundred Forty Three Dollars ($5,743.00)
E.D. Mo. · 1990 · confidence medium
United States v. Sweeney, 688 F.2d 1131, 1137 (7th Cir.1982); United States v. $93,685.61, 730 F.2d 571, 572 (9th Cir.1984).
discussed Cited as authority (rule) United States v. Ninety One Thousand Nine Hundred Sixty Dollars ($91,960.00), Luis Mario Rosario
8th Cir. · 1990 · confidence medium
Circumstantial evidence of drug transactions, see United States v. $93,-685.61 in United States Currency, 730 F.2d 571, 572 (9th Cir.) (per curiam), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984), and the discovery of a large sum of money, unexplained and in conjunction with the presence of drug paraphernalia, may constitute evidence of probable cause, United States v. $38,600.00 in United States Currency, 784 F.2d 694, 698 (5th Cir.1986).
cited Cited as authority (rule) United States v. $25,055.00
E.D. Mo. · 1990 · confidence medium
United States v. Sweeney, 688 F.2d 1131, 1137 (7th Cir.1982); United States v. $93,685.61, 730 F.2d 571, 572 (9th Cir.1984).
cited Cited as authority (rule) United States v. One Residential Property Located at 501 Rimini Road
S.D. Cal. · 1990 · confidence medium
United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984).
discussed Cited as authority (rule) United States v. Padilla (2×) also: Cited "see"
9th Cir. · 1989 · confidence medium
United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.) (per curiam), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984). 3 This circuit applies an "aggregate of facts" test to find probable cause for forfeiture.
discussed Cited as authority (rule) United States v. Padilla (2×) also: Cited "see"
9th Cir. · 1989 · confidence medium
United States v. $93,685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.) (per curiam), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984).
discussed Cited as authority (rule) United States of America, Duvan Arboleda, Individually and as President of Gold & Gems Trading, Claimant-Appellant v. $215,300 United States Currency
9th Cir. · 1989 · confidence medium
We conclude that “[t]he money, combined with other persuasive circumstantial evidence ... is sufficient here to establish probable cause.” United States v. $93,- *420 685.61 in U.S. Currency, 730 F.2d 571, 572 (9th Cir.1984) (per curiam).
cited Cited as authority (rule) United States v. Jerald Wayne Dickerson, Claimant-Appellant v. One Cessna 421 B, Aircraft
9th Cir. · 1989 · confidence medium
United States v. $93,-685.61 In U.S. Currency, 730 F.2d 571, 572 (9th Cir.), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984).
cited Cited as authority (rule) United States v. One 1985 Cadillac Seville, and Approximately $434,097.00 in United States Currency, and Michael Miroyan, Claimant-Appellant
9th Cir. · 1989 · confidence medium
United States v. $93,685.61 in United States Currency, 730 F.2d 571, 572 (9th Cir.) (per curiam), cert. denied, 469 U.S. 831 , 105 S.Ct. 119 , 83 L.Ed.2d 61 (1984).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellant,
v.
$93,685.61 IN U.S. CURRENCY, Defendant, Benjamin Lonzo Willis, Claimant-Appellee
83-3861.
Court of Appeals for the Ninth Circuit.
Apr 10, 1984.
730 F.2d 571
James J. McLaughlin, Asst. U.S. Atty., Portland, Or., for plaintiff-appellant., James L. Collins, Portland, Or., for claimant-appellee.
Schroeder, Farris, Reinhardt.
Cited by 101 opinions  |  Published
PER CURIAM:

The government appeals a district court’s grant of summary judgment to the claimant in a currency forfeiture case. The judgment was based on a conclusion that the government had failed to meet its burden of showing probable cause to institute forfeiture proceedings. This proceeding[*572] originated in an arrest of a drug dealer by Drug Enforcement Administration agents and the subsequent interception of a package sent to him. Inside the package were cocaine, heroin and items of false identification, including a birth certificate with the claimant’s fingerprints on it. Agents obtained a search warrant and searched claimant’s house. In an office-garage they found bullets, powder scales, glassine bags, and a zip-loc bag with cocaine residue in it that had been thrown into a wood stove. In the same room they found $90,185 in a floor safe and $3,500.61 in a box.

The government sued for forfeiture of the money under 21 U.S.C. § 881(a)(6), alleging that it “had been furnished and was intended to be furnished in exchange for heroin and cocaine.” The government contended that probable cause for forfeiture existed based on the following: (a) an anonymous tip to a Drug Enforcement Administration agent that the claimant was engaged in drug transactions currently; (b) claimant’s documented involvement in drug transactions in 1978; (c) claimant’s fingerprints on the intercepted birth certificate; (d) the fact that the amount of cash found in a search of claimant’s home was so large; (e) the drug paraphernalia found in the same room as the money; (f) absence of evidence during the search that the claimant engaged in any legitimate employment; (g) claimant’s failure to file tax returns; (h) rifles found in claimant’s house.

The government can show probable cause for a belief that the currency is subject to forfeiture based on a reasonable ground for belief that the currency was furnished or intended to be furnished in exchange for drugs. This belief must be more than mere suspicion, but can be created by less than prima facie proof. United States v. One 56-Foot Yacht Named Tahuna, 702 F.2d 1276, 1281-82 (9th Cir.1983). We review the district court’s probable cause determination in a forfeiture proceeding as a question of law. United States v. One Twin Engine Beech Airplane, 533 F.2d 1106, 1109 (9th Cir.1976).

The district court erred when it found an insufficient showing of probable cause in this case. Circumstantial evidence of drug transactions is sufficient to support the establishment of probable cause in a forfeiture proceeding. United States v. $364,960 in United States Currency, 661 F.2d 319, 324 (5th Cir.1981). The aggregate of facts in this case gives rise to “more than mere suspicion” that the currency was furnished or intended to be furnished in exchange for drugs.

The extremely large amount of money found in the household itself is strong evidence that the money was furnished or intended to be furnished in return for drugs. United States v. $2,500 in United States Currency, 689 F.2d 10, 16 (2d Cir.1982); $364,960, 661 F.2d at 324. The money, in combination with other persuasive circumstantial evidence, particularly the presence of the drug paraphernalia, is sufficient here to establish probable cause. See also United States v. $22,287, United States Currency, 709 F.2d 442 (6th Cir.1983) (money, heroin, powder scales, guns, found in search after drug sale arrests); United States v. $83,500 in United States Currency and $40 in Canadian Currency, 671 F.2d 293 (8th Cir.1982) (money found on scene of drug sale). Because we believe that the uncorroborated tip that claimant was involved presently in drug transactions is unnecessary to a finding that probable cause exists in this case, we do not address claimant’s arguments concerning retroactive application of the analysis of Illinois v. Gates, — U.S.—, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983).

The burdens of proof applicable to forfeiture proceedings, 19 U.S.C. § 1615, require that if the government succeeds in showing probable cause to institute forfeiture, the burden shifts to the claimant to prove by a preponderance of the evidence that the item was not furnished or intended to be furnished in exchange for a controlled substance. See Tahuna, 702 F.2d at 1281. The claimant here has indicated that he intends to present no evidence to rebut the government’s case. Therefore, the judg[*573] ment of the district court is reversed, and summary judgment in favor of the government is ordered.

Reversed and remanded for entry of judgment in favor of the government.