United States v. One Parcel of Real Est. Commonly Known as 916 Douglas Avenue, Elgin, Illinois, Appeal of Paul F. Born, Iii, Claimant-Appellant, 903 F.2d 490 (7th Cir. 1990). · Go Syfert
United States v. One Parcel of Real Est. Commonly Known as 916 Douglas Avenue, Elgin, Illinois, Appeal of Paul F. Born, Iii, Claimant-Appellant, 903 F.2d 490 (7th Cir. 1990). Cases Citing This Book View Copy Cite
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cited 6× by 6 distinct cases, last quoted 2000 · 4 courts↓ Fading · …more than incidental or fortuitous. at p. 494
cited 4× by 4 distinct cases, last quoted 1994 · 2 courts · …more than an incidental or fortuitous connection at p. 493
cited 3× by 2 distinct cases, last quoted 2005 · …incidental or fortuitous connection of the property to the drug business at p. 493 ⚠ not in text
147 citation events (23 in the last 25 years) across 33 distinct courts.
Strongest positive: United States of America v. 878 County Road 1490, Rush Springs, Oklahoma 73082, et al. (okwd, 2026-04-13)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) United States of America v. 878 County Road 1490, Rush Springs, Oklahoma 73082, et al.
W.D. Okla. · 2026 · confidence medium
United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Avenue, 903 F.2d 490, 494 (7th Cir. 1990).
cited Cited as authority (rule) Detona Sargent and One 1996 Buick, VIN 1G4AG55M3T6449095 v. State of Indiana, the Consolidated City of Indianapolis/Marion County, and the Indianapolis Metropolitan Police Department
Ind. Ct. App. · 2013 · confidence medium
Id. at 348-49 (discussing United States v. Real Estate Known as 916 Douglas Avenue, 903 F.2d 490, 494 (7th Cir. 1990)) (quotations, citations, and alterations omitted).
cited Cited as authority (rule) Sargent v. State
Ind. Ct. App. · 2013 · confidence medium
Id. at 348-49 (discussing United States v. Real Estate Known as 916 Douglas Avenue, 903 F.2d 490, 494 (7th Cir.1990)) (quotations, citations, and alterations omitted).
discussed Cited as authority (rule) Fogel v. Shabat (In re Draiman)
Bankr. N.D. Ill. · 2012 · confidence medium
The court must look beyond the express language of a statute “where that statutory language is ambiguous or where a literal interpretation would lead to an absurd result or thwart the purpose of the overall statutory scheme.” United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990), cert. denied sub nom.
discussed Cited as authority (rule) State Ex Rel. Redman v. $122.44 (2×)
Okla. · 2010 · confidence medium
Katner v. State, 655 N.E.2d 345, 348-49 (Ind.1995) (citing U.S. v. Real Estate Known as 916 Douglas Avenue, 903 F.2d 490, 494 (7th Cir.1990)).
discussed Cited as authority (rule) United States v. Nicolo
W.D.N.Y. · 2009 · confidence medium
The court did note evidence that the property was used as a pickup and drop-off point for cash payments in connection with the defendant’s gambling business, but, the court concluded, that “use, on the facts of this case, was no more than ‘incidental or fortuitous.’ ” Id. (quoting United States v. 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991)).
cited Cited as authority (rule) In Re Curry
Bankr. N.D. Ill. · 2007 · confidence medium
United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990).
discussed Cited as authority (rule) In Re Morales
Bankr. N.D. Ill. · 2007 · confidence medium
United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990). “[CJourts must presume that a legislature says in a statute what it means and means in a statute what it says there.” Connecticut Nat.
discussed Cited as authority (rule) In Re Feddersen
Bankr. S.D. Ill. · 2006 · confidence medium
A court may look past “the express language of a statute ... where a literal interpretation would lead to an absurd result or thwart the purpose of the overall statutory scheme.” United States v. 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991); see also Marlowe v. Bottarelli, 938 F.2d 807, 812 (7th Cir.1991) (“The general rule is that where a text is unambiguous, its plain language controls except in the rare case where the application of the statute as written will produce a result ‘demonstrably at odds with th…
discussed Cited as authority (rule) United States v. Juluke
5th Cir. · 2005 · confidence medium
United States v. 916 Douglas Ave., 903 F.2d 490, 493 (7th Cir. 1989) (construing identical language in civil forfeiture statute, 21 U.S.C. § 881 (a)(7).).
discussed Cited as authority (rule) United States v. Corey Juluke (2×)
5th Cir. · 2005 · confidence medium
United States v. One Parcel of Real Estate Commonly known as 916 Douglas Ave., Elgin, Ill., 903 F.2d 490, 493 (7th Cir.1990) (construing identical language in civil forfeiture statute, 21 U.S.C. § 881 (a)(7).).
discussed Cited as authority (rule) Delph v. Dilk (In Re Dilk)
Bankr. S.D. Ind. · 2004 · confidence medium
Even assuming, however, that the term “motor vehicle” unambiguously excludes motorboats, the Court may look past “the express language of a statute ... where a literal interpretation would lead to an absurd result or thwart the purpose of the overall statutory scheme.” United States v. 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991); see also Marlowe v. Bottarelli, 938 F.2d 807, 812 (7th Cir.1991) (“The general rule is that where a text is unambiguous, its plain language controls except in the rare case where …
discussed Cited as authority (rule) Carlisle ex rel. State v. Ten Thousand Four Hundred Forty-Seven Dollars in United States Currency ($10,447.00) (2×) also: Cited "see"
Haw. · 2004 · confidence medium
Some federal courts have held that the United States must prove the existence of a “substantial connection" between the prohibited activity and the facilitating property, see, e.g., United States v. decider, 270 F.3d 1331 , 1333-34 (11th Cir.2001) (“In a civil forfeiture action under section 881(a)(7), the government must establish probable cause to believe that a substantial connection exists between the defendant-property and an illegal exchange of a controlled substance.”), while other federal courts have held only that there be a "sufficient nexus” between the two, see United State…
discussed Cited as authority (rule) Weissmann v. Pre-Press Graphics Co. (In Re Pre-Press Graphics Co.)
N.D. Ill. · 2004 · confidence medium
The court “will look beyond the express language of a statute only where that statutory language is ambiguous or where a literal interpretation would lead to an absurd result or thwart the purpose of the overall statutory scheme.” United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990).
discussed Cited as authority (rule) State Ex Rel. Oklahoma Bureau of Narcotics & Dangerous Drugs Control v. One (1) Stevens 12 Ga. Shotgun, Ser. 0895260
Okla. Civ. App. · 2003 · confidence medium
We do agree, however, with the Michigan Supreme Court that it would be "unreasonable ... for a court to order the forfeiture of property which has only an incidental or fortuitous connection to the unlawful activity." Id. 16 In Katner v. State, 655 N.E.2d 345, 348-49 (Ind.1995) (citing U.S. v. Real Estate Known as 916 Douglas Avenue, 903 F.2d 490, 494 (7th Cir.1990)), the Indiana Supreme Court noted that the government must demonstrate that the nexus between the property sought in forfeiture and the underlying offense is more than incidental or fortuitous.
cited Cited as authority (rule) United States v. Iacaboni
D. Mass. · 2002 · confidence medium
Its use, on the facts of this case, was no more than “incidental or fortuitous.” Parcel of Land, at 4, citing United States v. 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990) (footnote omitted).
discussed Cited as authority (rule) United States v. Bochnewych, John (2×) also: Cited "see"
7th Cir. · 2000 · confidence medium
In this circuit, we consider property forfeitable if its connection to the underlying drug transaction is "more than incidental or fortuitous." United States v. 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir. 1990).
discussed Cited as authority (rule) United States v. 5 S 351 Tuthill Road, Naperville, Illinois, Appeal Of: John Bochnewych (2×) also: Cited "see"
7th Cir. · 2000 · confidence medium
In this circuit, we consider property forfeitable if its connection to the underlying drug transaction is “more than incidental or fortuitous.” United States v. 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990).
discussed Cited as authority (rule) United States v. One Parcel of Real Estate Located at 1948 Martin Luther King Drive
C.D. Ill. · 2000 · confidence medium
This means that the Government must show that it has “reasonable ground for the belief of guilt supported by less than prima facie proof but more than mere suspicion.” United States v. All Assets and Equipment of West Side Building Corp., 58 F.3d 1181, 1188 (7th Cir.1995), A nexus is less than a substantial connection and requires that the connection between the drug proceeds or activity and the property be more than merely “incidental or fortuitous.” United States v. 916 Douglas Ave., 903 F.2d 490, 493 (7th Cir.1990).
discussed Cited as authority (rule) United States v. One (1) 1980 Cessna 441 Conquest II Aircraft
S.D. Fla. · 1997 · confidence medium
In order to meet its burden, however, the Government must show that the “nexus between the property seized and the related drug offense is more than incidental or fortuitous.” United States v. Funds in the Amount of $9,800, 952 F.Supp. 1254 (N.D.Ill.1996) (citing United States v. 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990)).
discussed Cited as authority (rule) United States v. Funds in the Amount of $170,926.00
N.D. Ill. · 1997 · confidence medium
Instead, it applies only an instrumentality test, directing that a forfeiture is not excessive unless the “connection between the offense and the property is ‘incidental and fortuitous.’ ” United States v. Plescia 48 F.3d 1452, 1462 (7th Cir.1995) (citing United States v. 916 Douglas Ave., 903 F.2d 490, 493 (7th Cir.1990)).
discussed Cited as authority (rule) People v. $1,124,905 U.S. Currency (2×)
Ill. · 1997 · confidence medium
See, e.g., United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421, 423 (2d Cir.1977); 1964 Beechcraft Baron Aircraft, 691 F.2d at 727 ; United States v. One 1984 Cadillac, 888 F.2d 1133, 1135-36 (6th Cir.1989); United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Avenue, Elgin, Illinois, 903 F.2d 490, 494 (7th Cir.1990); but see United States v. Parcel of Land & Residence at 28 Emery Street, Merrimac, Massachusetts, 914 F.2d 1, 3 (1st Cir.1990) (noting that the first circuit requires a substantial connection for the forfeiture of real property and conveyances becau…
discussed Cited as authority (rule) People v. $1,124,905
Ill. · 1997 · confidence medium
See, e.g. , United States v. One 1974 Cadillac Eldorado Sedan , 548 F.2d 421, 423 (2d Cir. 1977); 1964 Beechraft Baron Aircraft , 691 F.2d at 727; United States v. One 1984 Cadillac , 888 F.2d 1133, 1135-36 (6th Cir. 1989); United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Avenue, Elgin, Illinois , 903 F.2d 490, 494 (7th Cir. 1990); but see United States v. Parcel of Land & Residence at 28 Emery Street, Merrimac, Massachusetts , 914 F.2d 1, 3 (1st Cir. 1990) (noting that the first circuit requires a substantial connection for the forfeiture of real property and conveyanc…
discussed Cited as authority (rule) United States v. Scardino
N.D. Ill. · 1997 · confidence medium
A court looks past “the express language of a statute only where that statutory language is ambiguous or where a literal interpretation would lead to an absurd result or thwart the purpose of the overall statutory scheme.” Id., citing United States v. One Parcel of Real Estate, 903 F.2d 490, 492 (7th Cir.1990), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
discussed Cited as authority (rule) United States v. Funds in the Amount of $9,800 (2×) also: Cited "see"
N.D. Ill. · 1996 · confidence medium
U.S. v. 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990). .
discussed Cited as authority (rule) United States v. 5307 West 90th Street, Oak Lawn, Ill. (2×)
N.D. Ill. · 1996 · confidence medium
Id. at 622-23 , 113 S.Ct. at 2812-13 (“prudence dictates that we allow the lower courts to consider [what factors to consider in deciding whether a forfeiture is constitutionally ‘excessive’] in the first instance.”) Since the Austin decision, the Seventh Circuit has held that a forfeiture is not excessive unless the connection between the offense and the real property is “incidental and fortuitous.” United States v. Plescia, 48 F.3d 1452, 1462 (7th Cir.1995) (citing United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990)).
discussed Cited as authority (rule) State ex rel. Woods v. Sigman
Ariz. Ct. App. · 1996 · confidence medium
Some courts follow a broad rule: The property is subject to forfeiture if it has a nexus to the crime that is “more than incidental or fortuitous.” E.g., United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
discussed Cited as authority (rule) Matter of Residence at 15453 No. 2nd Ave.
Ariz. Ct. App. · 1996 · confidence medium
Some courts follow a broad rule: The *43 property is subject to forfeiture if it has a nexus to the crime that is "more than incidental or fortuitous." E.g., United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
discussed Cited as authority (rule) United States v. All Assets and Equipment of West Side Building Corp., Appeal of Clara Penny and West Side Building Corp., Claimants-Appellants
7th Cir. · 1995 · confidence medium
In this showing, the government may rely not only on direct evidence but also on circumstantial evidence, id. at 783 n. 2, and on hearsay evidence. 12 Probable cause for the forfeiture exists if the government demonstrates a nexus between the seized property and illegal narcotics activity. 13 United States v. Certain Real Prop *1189 erty, Commonly Known as 6250 Ledge Rd., 943 F.2d 721, 725 (7th Cir.1991) (requiring demonstration of nexus that is more than incidental between property and drug-related offense); United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Ave., 903 F.…
discussed Cited as authority (rule) United States v. Plescia
7th Cir. · 1995 · confidence medium
Forfeiture of real estate is appropriate where the property is used in any way to facilitate any drug-related offense, unless the connection between the offense and the property is "incidental and fortuitous." United States v. 916 Douglas Ave., 903 F.2d 490, 493 (7th Cir.1990).
discussed Cited as authority (rule) Merrill Lynch, Pierce, Fenner & Smith, Inc. And Patrick Palella v. Peter H. Lauer and Therese A. Lauer
7th Cir. · 1995 · confidence medium
United States v. One Parcel of Real Estate Commonly Known as 916 Douglas Ave., Elgin, Ill., 903 F.2d 490, 492 (7th Cir.1990), certiorari denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
discussed Cited as authority (rule) In the Matter of Mitchell W. Voelker, Debtor-Appellant (2×)
7th Cir. · 1994 · confidence medium
This court "will look beyond the express language of a statute only where that statutory language is ambiguous or where a literal interpretation would lead to an absurd result or thwart the purpose of the overall statutory scheme." United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990), cert. denied sub nom.
discussed Cited as authority (rule) Drgw v. Up
D. Kan. · 1994 · confidence medium
There, the court looked beyond the express statutory language for three reasons: (1) "`statutory language is ambiguous'", (2) "`a literal interpretation would lead to an absurd result'", and (3) applying the express statutory language would "`thwart the purpose of the overall statutory scheme.'" 21 F.3d at 144 (quoting United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990)).
discussed Cited as authority (rule) Denver & Rio Grande Western Railroad v. Union Pacific Railroad
D. Kan. · 1994 · confidence medium
There, the court looked beyond the express statutory language for three reasons: (1) “ ‘statutory language is ambiguous’ ”, (2) “ ‘a literal interpretation would lead to an absurd result’ ”, and (3) applying the express statutory language would “ ‘thwart the purpose of the overall statutory scheme.’” 21 F.3d at 144 (quoting United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990)).
cited Cited as authority (rule) United States v. Voelker (In Re Voelker)
W.D. Wis. · 1994 · confidence medium
In re VMS Securities Litigation v. Prudential Securities Inc., 21 F.3d 139, 144 (7th Cir.1994), quoting United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990).
cited Cited as authority (rule) THK America, Inc. v. NSK Ltd.
N.D. Ill. · 1994 · confidence medium
United States v. 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
discussed Cited as authority (rule) United States v. One Parcel of Real Estate (2×)
S.D. Fla. · 1994 · confidence medium
United States v. 916 Douglas Avenue, 903 F.2d 490, 494, n. 5 (7th Cir.1990) (finding that sufficient nexus existed, i.e., nexus was “not incidental or fortuitous”, between house and illegal drug transaction to justify forfeiture), cert. denied, sub nom, Born v. United States, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
discussed Cited as authority (rule) United States v. 9844 S. Titan Court, Unit 9, Littleton
D. Colo. · 1994 · confidence medium
The Seventh Circuit has defined the breadth of § 881(a)(7) in holding that a substantial connection need not be shown, and instead that the government, “ ‘must only demonstrate that the nexus is more than incidental or fortuitous.’ ” Id., quoting United States v. Real Estate Known As 916 Douglas Avenue, 903 F.2d 490, 491 (7th Cir.1990).
discussed Cited as authority (rule) Hubbard v. Prudential Securities Inc.
7th Cir. · 1994 · confidence medium
In United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990), we stated that “we will look beyond the express language of a statute only where (1) that statutory language is ambiguous or (2) where a literal interpretation would lead to an absurd result or (3) thwart the purpose of the overall statutory scheme.” (numbers added).
discussed Cited as authority (rule) In Re Vms Securities Litigation.
7th Cir. · 1994 · confidence medium
There, the focus was on the wording of Sec. 9, specifically the phrase, "the United States court in and for the district wherein the award was made may make an order vacating the award." The Ninth Circuit, by limiting the focus of its analysis to this phrase concluded that venue was mandatory. 34 In United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990), we stated that "we will look beyond the express language of a statute only where (1) that statutory language is ambiguous or (2) where a literal interpretation would lead to an absurd result or (3) thwart the …
discussed Cited as authority (rule) United States v. Schmitz
E.D. Wis. · 1994 · confidence medium
A court looks past “the express language of a statute only where that statutory language is ambiguous or where a literal interpretation would lead to an absurd result or thwart the purpose of the overall statutory scheme.” Id., citing United States v. One Parcel of Real Estate, 903 F.2d 490, 492 (7th Cir.1990), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
cited Cited as authority (rule) United States v. One Parcel Property at 427 & 429 Hall St.
M.D. Ala. · 1994 · confidence medium
United States v. One Parcel of Real Estate, 903 F.2d 490, 493-94 (7th Cir.1990).
discussed Cited as authority (rule) United States v. Premises Known as RR 1, Box 224, Dalton, Scott Township & North Abington Township, Lackawanna County, PA
3rd Cir. · 1994 · confidence medium
See, e.g., United States v. 38 Whalers Cove Drive, 954 F.2d 29, 32-33 (2d Cir.) (finding use of home as site of two sales of cocaine valued at $250.00 sufficient to support nexus), cert. denied, — U.S. -, 113 S.Ct. 55 , 121 L.Ed.2d 24 (1992); United States v. 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990) (finding use of home telephone for negotiations and arrangement of drug sale sufficient to support nexus required under § 881(a)(7)), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
discussed Cited as authority (rule) No. 93-7265
3rd Cir. · 1994 · confidence medium
See, e.g., United States v. 38 Whalers Cove Drive, 954 F.2d 29, 32-33 (2d Cir.) (finding use of home as site of two sales of cocaine valued at $250.00 sufficient to support nexus), cert. denied, --- U.S. ----, 113 S.Ct. 55 , 121 L.Ed.2d 24 (1992); United States v. 916 Douglas Ave., 903 F.2d 490, 494 (7th Cir.1990) (finding use of home telephone for negotiations and arrangement of drug sale sufficient to support nexus required under Sec. 881(a)(7)), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
discussed Cited as authority (rule) United States v. Kenneth T. Hayward, and William B. Krause, Jr.
7th Cir. · 1993 · confidence medium
"Where a word or a phrase has not been otherwise defined in a statute [as is the case in section 844(h)(1) with the word "fire"], a court should give it its plain and ordinary meaning." Bailey v. City of Lawrence, 972 F.2d 1447, 1451 (7th Cir.1992). 11 A court looks past "the express language of a statute only where that statutory language is ambiguous or where a literal interpretation would lead to an absurd result or thwart the purpose of the overall statutory scheme." United States v. 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990), cert. denied, 498 U.S. 1126 , 111 S.Ct. 1090 , 112 L.Ed…
cited Cited as authority (rule) United States v. Certain Real Property Commonly Known as 2828 North 54th Street
E.D. Wis. · 1993 · confidence medium
United States v. Real Estate Known as 916 Douglas Avenue, 903 F.2d 490, 492-93 (7th Cir.1990), cert. denied sub nom.
discussed Cited as authority (rule) United States v. 1990 Toyota 4runner
N.D. Ill. · 1992 · confidence medium
In the case of real property, where the only requirement for forfeiture is that the realty has been “used, or intended to be used, in any manner or part, ... to facilitate the commission of” a drug offense, all that the government must demonstrate is a nexus to the offense that is “more than incidental or fortuitous” (United States v. 916 Douglas Ave., 903 F.2d 490, 493 (7th Cir.1990)).
discussed Cited as authority (rule) Welsh v. Boy Scouts of America
N.D. Ill. · 1992 · confidence medium
See Ardestani v. I.N.S., — U.S. -, 112 S.Ct. 515, 519 , 116 L.Ed.2d 496 (1991); United States v. Real Estate *1522 Known as 916 Douglas Ave., Elgin, Ill., 903 F.2d 490, 492 (7th Cir.1990), cert. dismissed, — U.S. -, 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
cited Cited as authority (rule) Gang v. United States
N.D. Ill. · 1992 · confidence medium
United States v. Real Estate Known as 916 Douglas Ave., 903 F.2d 490, 492 (7th Cir.1990).
discussed Cited as authority (rule) United States v. 10652 South Laramie (2×) also: Cited "see"
N.D. Ill. · 1991 · confidence medium
United States v. 916 Douglas Avenue, 903 F.2d 490, 494 (7th Cir. 1990), cert. denied, — U.S. -, 111 S.Ct. 1090 , 112 L.Ed.2d 1194 (1991).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
ONE PARCEL OF REAL ESTATE COMMONLY KNOWN AS 916 DOUGLAS AVENUE, ELGIN, ILLINOIS, Defendant. Appeal of Paul F. BORN, III, Claimant-Appellant
88-3361.
Court of Appeals for the Seventh Circuit.
Jul 16, 1990.
903 F.2d 490
Thomas P. Walsh, Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellee., Robert J. Raab, Barnett & Raab, Chicago, Ill., for claimant-appellant.
Bauer, Flaum, Kanne.
Cited by 97 opinions  |  Published
Reporter's Syllabus editorial summary, not part of the Court's opinion

Thomas P. Walsh, Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Robert J. Raab, Barnett & Raab, Chicago, Ill., for claimant-appellant.

Before BAUER, Chief Judge, and FLAUM and KANNE, Circuit Judges.

BAUER, Chief Judge.

Lead Opinion

BAUER, Chief Judge.

This is an appeal from a judgment of forfeiture in favor of the United States against Paul F. Born, III. The district court found that Born had used his one-third interest in property at 916 Douglas Avenue, Elgin, Illinois, to facilitate the felony distribution of cocaine, and ordered the forfeiture of that property pursuant to 21 U.S.C. § 881(a)(7). Born claims that because no substantial connection existed between the cocaine and his property the order of forfeiture was improper. We disagree with Born’s suggested construction of the statute and affirm.

I.

Paul F. Born, III was apparently no stranger to drug transactions. On February 20, 1986, he met with John Mueller, an undercover investigator for the Cook County States Attorney’s Office at the Corfu Restaurant in Hanover Park, Illinois. Born had already served time in prison for narcotics trafficking and had also been convicted for weapons offenses. Mueller offered to sell Born a kilogram of cocaine, but Born declined because he was in the process of selling a kilogram he had just purchased. Born gave Mueller his home phone number and the two agreed to keep in touch.

On April 15, 1986, Mueller called Born at home and explained that he was out of cocaine and needed two ounces. Born stated that the quantity was not a problem and agreed to sell Mueller the cocaine for $1600 an ounce.[2] Born concluded the conversation by instructing Mueller to call him at home the next day to arrange a time and place for the deal.

The next morning, Mueller again called Born’s home, but the phone was answered by Don Mazzanti. Mazzanti explained that Born was asleep and could not come to the phone. When Mueller said that he was calling about the purchase of two ounces of cocaine, Mazzanti told him to try again later when Born was awake. Later that day, however, Mazzanti called Mueller and arranged to deliver the cocaine that evening at the Players’ Lounge in Stream-wood, Illinois.

That night the deal took place as arranged. Outside the lounge, Mazzanti got into Mueller’s vehicle. Mueller gave Maz-zanti $3200 in exchange for the cocaine. Mazzanti explained to Mueller that, should ever need more cocaine he should call Born again. This initial delivery was, according to Mazzanti, Born’s way of feeling out Mueller to make sure he was legitimate.

In October, 1986, the United States filed a complaint seeking the forfeiture of Born’s house in Elgin, Illinois under 21[*492] U.S.C. § 881(a)(7). Prior to this action, Born was convicted of conspiracy to possess five kilograms of cocaine with intent to deliver and given a 23-year sentence. United States v. Born, No. 87 CR 518 (N.D.Ill.) The government brought this forfeiture action to seize the real estate from which Born was running his cocaine operation.

Following a bench trial, the district court held that Born’s house was used to facilitate his drug business and ordered forfeiture of Born’s one-third interest in the real estate.[3] Born subsequently filed a timely notice of appeal and the district court entered a stay pending this court’s determination.

II.

Our threshold issue for determination on this appeal is whether a “substantial connection” must be demonstrated between the property and the underlying drug of-r fense in order to justify forfeiture under 21 U.S.C. § 881(a)(7). Born contends that such a requirement is necessary to harmonize the forfeiture statute with Congressional intent. The government, of course, argues for a stricter reading of the statute.

The Controlled Substances Act of 1970, 21 U.S.C. §§ 801-970, included a civil forfeiture provision which called for the forfeiture of several forms of property used to transport “or in any manner to facilitate the transportation, sale, receipt, possession, or concealment of” illegal drugs. 21 U.S.C. § 881(a)(4). This section provided for the forfeiture of automobiles, trucks, aircraft, drug containers, raw materials used in the manufacturing process and the illegal drugs themselves, among other property. Significantly absent were provisions calling for the forfeiture of money or things of value exchanged for illegal drugs and real estate used to facilitate the commission of a drug felony. In 1978, Congress added § 881(a)(6) providing for the forfeiture of money and the proceeds of illegal drug dealing.[4] Six years later, Congress closed another loophole by passing an amendment which added § 881(a)(7), the provision at issue here, which extended forfeiture to real estate. This provision states, in part:

The following shall be subject to forfeiture to the United States and no property right shall exist in them:
(7) All real property ... which is used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, a violation of this title punishable by more than one year's imprisonment....

(Emphasis added). As with any question of statutory interpretation, our “starting point must be the language employed by Congress.” Reiter v. Sonotone Corp., 442 U.S. 330, 337, 99 S.Ct. 2326, 2330, 60 L.Ed.2d 931 (1979). See also Consumer Product Safety Commission v. GTE Sylvania, Inc., 447 U.S. 102, 108, 100 S.Ct. 2051, 2056, 64 L.Ed.2d 766 (1980). This court has stated that we will look beyond the express language of a statute only where that statutory language is ambiguous or where a literal interpretation would lead to an absurd result or thwart the purpose of the overall statutory scheme. See United States v. Tex-Tow, Inc., 589 F.2d 1310, 1313 (7th Cir.1978).

Here, the language of the statute is clear, straightforward and unambiguous. Forfeiture is appropriate if the property is “used, or intended to be used, in any manner or part, to commit or to facilitate the[*493] commission of” a drug offense. Congress intended to reach all real property used to promote the drug trade. It is a broad, sweeping amendment which grants wide powers to the executive branch for the limited purpose of combating the flow of illegal drugs. Grafting an implied “substantial connection” test on to the plain language of this statute would not avoid ambiguity or the frustration of the Congressional scheme, but promote them. We see no reason to read the penalties of this statute more narrowly than the plain language demands.

Indeed, Born does not contend that the addition of this “substantial connection” test is necessary to avoid an absurd result or frustration of the statutory scheme. Instead, Born relies on a section of the Senate Report to the 1984 amendment adding § 881(a)(7) to bolster his argument. The Supreme Court has stated that when statutory language is unambiguous, it is presumed to express the legislative purpose and resort to the legislative history is not necessary. See American Tobacco Company v. Patterson, 456 U.S. 63, 68, 102 S.Ct. 1534, 1537, 71 L.Ed.2d 748 (1982). Nevertheless, despite the clear wording of § 881(a)(7), Born points to a section of the Senate Report which address the problems to be corrected by the new amendment. This particular discussion states:

Under current law, if a person uses a boat or car to transport narcotics or uses equipment to manufacture dangerous drugs, his use of the property renders it subject to civil forfeiture. But if he uses a secluded barn to store tons of marijuana or uses his house as a manufacturing laboratory for amphetamines, there is no provision to subject his real property to civil forfeiture, even though its use was indispensable to the commission of a major drug offense and the prospect of the forfeiture of the property would have been a powerful deterrent.

S.Rep. No. 225, 98th Cong., 1st Sess. 195, reprinted in 1984 U.S.Code Cong. & Ad. News 3182, 3378 (emphasis added in Appellant’s brief). Born reads this section to imply that Congress did not intend the forfeiture statute to apply to property with only an incidental or fortuitous connection to the drug business, but only to real estate which is “substantially connected” to illegal activity. While we agree that the property must have more than an incidental or fortuitous connection to criminal activity, we decline to read the statute more leniently than this.

The Senate Report cites some of the more egregious examples created by the loophole in the forfeiture statute. By omitting real estate from § 881(a), Congress had inadvertently left a wide range of property used to facilitate commerce in illegal drugs outside of its reach. The legislation itself, however, no more demands that the property be “substantially connected” to the underlying offense than it requires that the property be “indispensable” to the crime. Yet, “indispensable” is precisely the word used in portions of the Senate Report relied upon by Born. Even Born concedes that an “indispensability” requirement would be a misreading of the statute.

Born’s selective use of the legislative history as our controlling guide to the statute could also lead to other absurd results. A literal interpretation of this passage in the Senate Report could also limit forfeiture only upon the discovery of “tons of marijuana” rather than merely several kilograms, or demand that homes be used as “manufacturing laboratories for amphetamines” instead of simple storage areas for the drugs. We would not tolerate such a reading of the plain language in a statute, nor will we give such an absurd reading to a legislative history.

We must note, however, that Born’s position is not without some support from other jurisdictions. The Fourth Circuit has held that a “substantial connection” is required for forfeiture under § 881(a)(7). See United States v. Schifferli, 895 F.2d 987 (4th Cir.1990); United States v. Santoro, 866 F.2d 1538 (4th Cir.1989). In Schifferli, the court affirmed the forfeiture of a dentist’s office for illegal distribution of prescription drugs because a “substantial connection” existed between the office and[*494] the offense. The court stated, however, that

[It is] irrelevant whether the property’s role in the crime is integral, essential or indispensable. The term “facilitate” implies that the property need only make the prohibited conduct “less difficult or ‘more or less free from hinderance.’ ” Just one use of the property may be enough, given that a single violation is sufficient under § 881(a)(7).

Id. at 990 (citations omitted). Thus, although the Fourth Circuit has adopted a “substantial connection” test, the differences between this approach and our own appear largely to be semantic rather than practical.

The Eighth Circuit has also employed a “substantial connection” test. United States v. Premises Known as 3639-2nd Street, N.E., 869 F.2d 1093 (8th Cir.1989). In 3639-2nd Street, the Eight Circuit reversed a district court ruling denying forfeiture and held that a substantial connection did indeed exist between the sale of cocaine and the defendant’s house. The court expressly overruled the district court’s requirement of a continuing drug business or ongoing operation. Id. at 1096. Instead, holding that “we believe that if persons ‘make real property available as a situs for an illegal drug transaction, it is forfeitable.’ ” Id. (quoting United States v. 26.075 Acres, 687 F.Supp. 1005, 1014 (E.D.N.C.1988)). Circuit Judge Arnold added, in a concurring opinion, that the court did not “depart from its past insistence that there must be a substantial connection between the property being forfeited and a drug related crime.” 869 F.2d at 1098.

Given these cases, the distinction between a “substantial connection” test and the “in any manner, or part” language offered directly in the statute is blurry at best. We believe the more principled and direct approach, and the one demanded by the plain wording of the statute itself, is to affirm forfeiture of any real estate that is used in any manner or part to commit or facilitate the commission of a drug related offense.[5]

Applying our standard to the case at hand, our inquiry is limited to whether the connection between the underlying drug transaction and Born’s property was more than incidental or fortuitous. The facts before us make this a rather simple proposition. Born had met with agent Mueller and was familiar with his interest in the sale or purchase of cocaine. When Mueller called Born at his home telephone number on April 15, 1986, Born negotiated the price and quantity of cocaine to be sold the next day. When Mueller called Born’s number again on April 16, he was able to arrange the entire transaction with Mazzanti, who stated over the phone that he was acting for Born. Later that evening, when the transaction between Mueller and Mazzanti was completed, Mazzanti stated that he was “feeling out” Mueller as to the possibility of additional transactions between Born and Mueller. Given this history, we are satisfied that the district court properly found that the nexus between Born’s house and the drug offense was not incidental or fortuitous.

III.

A “substantial connection” is not required between the property and the related drug offense for forfeiture of real estate under 21 U.S.C. § 881(a)(7). Instead, the government must only demonstrate that the nexus is more than incidental or fortuitous. The district court properly found that a sufficient nexus existed between Born’s house and the illegal drug transaction to justify forfeiture under 21 U.S.C. § 881(a)(7). The loss of one’s home for the sale of a small amount of cocaine is undoubtedly a harsh penalty. But Con[*495] gress has intended this harsh punishment for those who sell illegal drugs. Dura lex, sed lex. The forfeiture of Born’s one-third interest in the property at 916 Douglas Road, Elgin, Illinois is, therefore,

Affirmed.

2

In his brief, Born claims that he told Mueller that he could not help him and never discussed the price or delivery of the cocaine. The district court found Mueller’s testimony the more credible, though, and we will not lightly overturn such findings.

3

The remaining two-thirds interest in the real estate is held by Born’s parents, Mr. and Mrs. Paul F. Born, Jr. The order entered by Judge Kocoras provides that the U.S. Marshall may, in his discretion, offer to sell the premises for a reasonable price to Mr. and Mrs. Born. If not, the parents are entitled to two-thirds of the proceeds, after the deduction of any expenses, of any sale.

4

Section 881(a)(6) provides for forfeiture of moneys, negotiable instruments, and/or securities "used or intended to be used to facilitate any violation of this subchapter." Significantly, the language "in any manner or part" used in both § 881(a)(4) and § 881(a)(7) is absent. This has led to a narrower reading of this section. See United States v. Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir.1982), cert. denied, 461 U.S. 914, 103 S.Ct. 1893, 77 L.Ed.2d 283 (1983).

5

Several circuits have declined to require a "substantial connection” test for forfeiture under § 881(a)(4), the provision from which the language in § 881(a)(7) is drawn. See United States v. 1964 Beechcraft Baron Aircraft, 691 F.2d 725 (5th Cir.1982), cert. denied, 461 U.S. 914, 103 S.Ct. 1893, 77 L.Ed.2d 283 (1983); United States v. One 1974 Cadillac Eldorado Sedan, 548 F.2d 421, 423 (2nd Cir.1977). One circuit has even refused to impose a “substantial connection” test under the stricter language of § 881(a)(6). See United States v. $5,644,540.00 in U.S. Currency, 799 F.2d 1357 (9th Cir.1986).

Concurrence

FLAUM, Circuit Judge,

concurring.

I concur in the judgment of the Court that Born’s property was used “in any manner or part to commit or to facilitate” a drug transaction. I write separately to express my view that while the dictates of 21 U.S.C. § 881(a)(7) were minimally satisfied under the facts of this ease, there might be situations where the application of the broadly-written provision would raise eighth amendment concerns. Although the “substantial connection” test advanced by the claimant invites courts to engraft a somewhat appealing and equitable gloss on the statute, the basis for such interpretation was not supplied by Congress. As the majority has properly noted, any such reading of the statute can only be the result of further congressional action, not judicial fiat.