United States v. Norman Ray Woodall, 12 F.3d 791 (8th Cir. 1993). · Go Syfert
United States v. Norman Ray Woodall, 12 F.3d 791 (8th Cir. 1993). Cases Citing This Book View Copy Cite
“when the government has actual knowledge of an interested party's whereabouts at the time forfeiture is commenced, failure to direct the statutorily required personal notice to that address cannot be considered compliance with either the statute or minimum due process standards.”
207 citation events (34 in the last 25 years) across 33 distinct courts.
Strongest positive: Vereda, Ltda. v. United States (uscfc, 1998-08-13)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Vereda, Ltda. v. United States (2×) also: Cited as authority (rule)
Fed. Cl. · 1998 · quote attribution · 1 verbatim quote · confidence high
when the government has actual knowledge of an interested party's whereabouts at the time forfeiture is commenced, failure to direct the statutorily required personal notice to that address cannot be considered compliance with either the statute or minimum due process standards.
discussed Cited as authority (rule) Shaun Curry v. United States
3rd Cir. · 2023 · confidence medium
McGlory, 202 F.3d at 670 (quoting United States v. Woodall, 12 F.3d 791, 793 (8th Cir. 1993)); see also 18 U.S.C. § 983 (e)(1) (“Any person entitled to written notice in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute who does not receive such notice may file a motion to set aside a declaration of forfeiture with respect to that person’s interests in the property . . . .” (emphasis added)).
discussed Cited as authority (rule) City of Concord v. Robinson
M.D.N.C. · 2012 · confidence medium
E.g., Chairez v. United States, 355 F.3d 1099, 1101-02 (7th Cir.2004); United States v. Castro, 883 F.2d 1018, 1020 (11th Cir.1989); In re Harper, 835 F.2d 1273,1274 (8th Cir.1988), abrogated on other grounds by United States v. Woodall, 12 F.3d 791, 793-94 (8th Cir.1993); In re Seizure Warrant, 830 F.2d 372, 374 (D.C.Cir.1987), vacated as moot sub nom.
cited Cited as authority (rule) In Re Search Warrants Fof 27867 Orchard Lake Road Farmington Hills
E.D. Mich. · 2008 · confidence medium
United States v. Woodall, 12 F.3d 791, 793 (8th Cir.1993).
discussed Cited as authority (rule) Dumarce v. Scarlett, Acting Secretary of the Interior
Fed. Cir. · 2006 · confidence medium
See, e.g., Weng v. United States, 137 F.3d 709 (2d Cir. 1998) (holding that where the recipient is a federal prisoner, the government is required 3 2005-1104 to provide him with actual notice of a deprivation); United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir. 1993) (same).
discussed Cited as authority (rule) Dumarce v. Kempthorne
Fed. Cir. · 2006 · confidence medium
See, e.g., Weng v. United States, 137 F.3d 709 (2d Cir.1998) (holding that where the recipient is a federal prisoner, the government is required to provide him with actual notice of a deprivation); United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir.1993) (same).
discussed Cited as authority (rule) United States v. James D. Litchfield
8th Cir. · 2005 · confidence medium
Although the district court could not review the merits of the administrative forfeiture, see Muhammed v. DEA, 92 F.3d 648, 651 (8th Cir.1996) (courts may not review merits of forfeiture), the court could consider a due process attack on the administrative forfeiture, see United States v. Woodall, 12 F.3d 791, 793-94 (8th Cir. 1993), abrogated in non-pertinent part by Dusenbery v. United States, 534 U.S. 161 , 172-73 & n. 3, 122 S.Ct. 694 , 151 L.Ed.2d 597 (2002).
discussed Cited as authority (rule) United States v. Wade
M.D. Fla. · 2002 · confidence medium
See, e.g., Weng v. United States, 137 F.3d 709, 713 (2d Cir.1998); Boero v. Drug Enforcement Admin., 111 F.3d 301, 305 (2d Cir.1997); United States v. Giraldo, 45 F.3d 509, 511 (1st Cir.1995); United States v. Woodall, 12 F.3d 791, 793 (8th Cir.1993).
discussed Cited as authority (rule) People ex rel. Devine
Ill. · 2002 · confidence medium
Ed. 2d 255, 258 , 83 S. Ct. 279, 281 (1962) (the appellant’s name and address were known from both deed records and tax rolls); Woodall , 12 F.3d at 794-95 (notice mailed to the defendant at home and jail was insufficient because the government knew the defendant was released on bond to a different temporary residence); Williams v. United States Drug Enforcement Administration , 51 F.3d 732, 734 (7th Cir. 1995) (notice mailed to the claimant’s residential address was insufficient because although he was incarcerated on unrelated charges, the seizing agency was “well aware of his incarcer…
discussed Cited as authority (rule) People Ex Rel. Devine v. $30,700.00 United States Currency (2×)
Ill. · 2002 · confidence medium
Ed. 2d 255, 258 , 83 S. Ct. 279, 281 (1962) (the appellant’s name and address were known from both deed records and tax rolls); Woodall, 12 F.3d at 794-95 (notice mailed to the defendant at home and jail was insufficient because the government knew the defendant was released on bond to a different temporary residence); Williams v. United States Drug Enforcement Administration, 51 F.3d 732, 734 (7th Cir. 1995) (notice mailed to the claimant’s residential address was insufficient because although he was incarcerated on unrelated charges, the seizing agency was “well aware of his incarcerat…
discussed Cited as authority (rule) Dusenbery v. United States (2×)
SCOTUS · 2002 · confidence medium
See, e. g., Whiting v. United States, 231 F. 3d 70, 76 (CA1 2000) (due process satisfied by Government’s sending certified letter to inmate at his prison facility absent proof that mail delivery was unreliable); Yeung Mung Weng v. United States, 137 F. 3d 709, 715 (CA2 1998) (mailed notice to custodial institution inadequate unless in fact delivered to the intended recipient); United States v. One Toshiba Color Television, 213 F. 3d 147, 155 (CA3 2000) (en banc) (Government bears burden of demonstrating the existence of procedures that are reasonably calculated to ensure that actual notice w…
discussed Cited as authority (rule) United States v. McClendon
7th Cir. · 2001 · confidence medium
Duke, 229 F.3d at 629 ; United States v. Solis, 108 F.3d 722 (7th Cir.1997); Williams v. DEA, 51 F.3d 732, 735 (7th Cir.1995); Willis v. United States, 787 F.2d 1089, 1093 (7th Cir.1985); United States v. Martinez, 241 F.3d 1329, 1330-31 (11th Cir.2001); United States v. Torres Gonzalez, 240 F.3d 14, 17 (1st Cir.2001); United States v. Minor, 228 F.3d 352, 355 (4th Cir.2000); United States v. Bein, 214 F.3d 408, 411 (3d Cir.2000); United States v. Dusenbery, 201 F.3d 763, 768 (6th Cir.2000); Polanco v. DEA 158 F.3d 647, 651 (2d Cir.1998); Small v. United States, 136 F.3d 1334 (D.C.Cir.1998); U…
examined Cited as authority (rule) Foehl v. United States (3×) also: Cited "see"
3rd Cir. · 2001 · confidence medium
Indeed, "the federal courts have universally upheld jurisdiction to review whether an administrative forfeiture satisfied statutory and due process r equirements." United States v. Woodall, 12 F.3d 791, 793 (8th Cir. 1993) (finding jurisdiction in equitable principles); United States v. Minor, 228 F.3d 352, 357 (4th Cir. 2000) (finding jurisdiction to consider the plaintiff 's "constitutionally-derived equitable challenge to the administrative forfeitur e of the currency under the provisions for general federal question jurisdiction"); United States v. Dusenbery , 201 F.3d 763 , 766 n.7 (6th C…
examined Cited as authority (rule) Don Ameche Foehl, Sr. v. United States (8×) also: Cited "see"
3rd Cir. · 2001 · confidence medium
Armendariz-Mata v. DEA, 82 F.3d 679, 682 (5th Cir. 1996). 20 Indeed, "the federal courts have universally upheld jurisdiction to review whether an administrative forfeiture satisfied statutory and due process requirements." United States v. Woodall, 12 F.3d 791, 793 (8th Cir. 1993) (finding jurisdiction in equitable principles); United States v. Minor, 228 F.3d 352, 357 (4th Cir. 2000) (finding jurisdiction to consider the plaintiff's "constitutionally-derived equitable challenge to the administrative forfeiture of the currency under the provisions for general federal question jurisdiction"); …
discussed Cited as authority (rule) Garcia, Floriberto v. Meza, Gus
7th Cir. · 2000 · confidence medium
Accordingly, the district court must set aside the forfeiture declaration and order the government to either return the money to the plaintiffs or to commence judicial forfeiture in the district court, at which time the plaintiffs may raise whatever defenses are available to them. 5 United States v. Woodall, 12 F.3d 791, 795 (8th Cir.1993). 1 .
discussed Cited as authority (rule) Floriberto Garcia and Galilia Rivera v. Gus Meza, Special Agent, Immigration and Naturalization Services, Angela Alonso, Special Agent, Immigration and Naturalization Services, and United States of America
7th Cir. · 2000 · confidence medium
Accordingly, the district court must set aside the forfeiture declaration and order the government to either return the money to the plaintiffs or to commence judicial forfeiture in the district court, at which time the plaintiffs may raise whatever defenses are available to them. 5 United States v. Woodall, 12 F.3d 791, 795 (8th Cir. 1993).
discussed Cited as authority (rule) Whiting v. United States
1st Cir. · 2000 · confidence medium
Weng v. United States, 137 F.3d 709, 710 (2d Cir.1998) (Leval, J.) (federal prison); United States v. One Toshiba Color Television, 213 F.3d 147, 155 (3d Cir.2000) (en banc) (Becker, C.J.) (cited with approval by United States v. Minor, 228 F.3d 352, 358 (4th Cir.2000)); United States v. Five Thousand Dollars in U.S. Currency, 184 F.3d 958, 959-60 (8th Cir.1999) (federal prison); United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir.1993) (notice to local jail insufficient where inmate says that he was on bail at a different residence known to the government).
examined Cited as authority (rule) United States v. Curtis Bernard Minor (3×) also: Cited "see", Cited "see, e.g."
4th Cir. · 2000 · confidence medium
Although the Second and Eighth Circuits may view the Tucker Act as an alternative basis for jurisdiction, see Woodall, 12 F.3d at 793 ; Onwubiko v. United States, 969 F.2d 1392, 1398 (2d Cir.1992); but see Polanco, 158 F.3d at 651 (questioning the continuing authority of Onwubiko), every other circuit that has addressed the jurisdictional issue has viewed challenges like Minor’s as we do— as equitable actions. *356 While we are confident that Minor’s motion is not an action at law under the Tucker Act, and that its roots are in equity, identifying the precise character of Minor’s motio…
discussed Cited as authority (rule) People Ex Rel. Devine v. $30,700.00 United States Currency
Ill. App. Ct. · 2000 · confidence medium
Tex. 1980) (where address of claimant was known, insufficient notice to claimant of administrative forfeiture hearing was violation of due process even though notice was made in accordance with statute; forfeiture proceeding held void); Jaekel v. United States, 304 F. Supp. 993 (S.D.N.Y. 1969) (summary administrative forfeiture of vehicle held void for violation of due process where notice to owner by publication was insufficient); United States v. Woodall, 12 F.3d 791, 793-95 (8th Cir. Mo. 1993) (judicial review is fundamental safeguard against government agencies and public officials who wro…
discussed Cited as authority (rule) Edward Krecioch v. United States of America, Drug Enforcement Administration, Unknown Agents of the Drug Enforcement Administration and United States Department of Justice
7th Cir. · 2000 · confidence medium
Although the DEA executed the forfeitures through administrative rather than judicial proceedings, federal courts possess jurisdiction to review collateral due process attacks on administrative forfeitures, see Weng v. United States, 137 F.3d 709, 713 (2d Cir. 1998); United States v. Woodall, 12 F.3d 791, 793 (8th Cir. 1993), and we review de novo the district court's grant of summary judgment.
discussed Cited as authority (rule) Krecioch, Edward v. United States
7th Cir. · 2000 · confidence medium
Although the DEA executed the forfeitures through administrative rather than judicial proceedings, federal courts possess jurisdiction to review collateral due process attacks on administrative forfeitures, see Weng v. United States, 137 F.3d 709, 713 (2d Cir.1998); United States v. Woodall, 12 F.3d 791, 793 (8th Cir.1993), and we review de novo the district court’s grant of summary judgment.
examined Cited as authority (rule) United States of America, Plaintiff-Appellee/cross-Appellant v. Larry Dean Dusenbery, Defendant-Appellant/cross-Appellee (4×)
6th Cir. · 2000 · confidence medium
See United States v. Giraldo, 45 F.3d 509, 511 (1st Cir. 1995) (per curiam); United States v. Woodall, 12 F.3d 791, 793 (8th Cir. 1993). 8 The Boero court catalogued various approaches taken by other circuits: The First and Eighth Circuits have ruled that when notice of administrative forfeiture is inadequate, the district court must set aside the forfeiture and either order return of the seized property or direct the government to commence judicial forfeiture in district court.
discussed Cited as authority (rule) United States v. McGlory
3rd Cir. · 2000 · confidence medium
Section 881(d) states: The provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of property for violation of the customs laws; the disposition of such property or the proceeds from the sale thereof; the remission or mitigation of such forfeitures; and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under any of the provisions of this subchapter, insofar as applicable and not inconsistent with the provisions hereof; except that such duties as are imposed upon the customs officer or any other per…
discussed Cited as authority (rule) United States v. Reginald McGlory (2×)
3rd Cir. · 2000 · confidence medium
However, "the federal courts have universally upheld jurisdiction to review whether an administrative forfeiture satisfied statutory and due process requirements." United States v. Woodall, 12 F.3d 791, 793 (8th Cir. 1993) (citing cases). 21 Some courts have found equity jurisdiction appropriate to review a claimant's challenge to the sufficiency of the notice on the theory that a claimant who received inadequate notice lacked an adequate remedy at law.
discussed Cited as authority (rule) United States v. Dusenbery (2×)
6th Cir. · 2000 · confidence medium
The DEA sent notices of “impose no duty on a defendant to prevent the government from losing its seizure to Boero’s home and to his presumed place of rights through carelessness,” United States v. Marolf, 173 F.3d 1213, 1217 (9th Cir. 1999) (internal quotation marks omitted); and that statutes of limitations historically have “represent[ed] a pervasive legislative 7 judgment that it is unjust to fail to put the adversary on notice to defend We have jurisdiction to entertain collateral due process attacks on within a specified period of time and that the right to be free of stale admini…
cited Cited as authority (rule) United States v. Five Thousand Dollars in U.S. Currency, Jack Pardue, David Pardue
8th Cir. · 1999 · confidence medium
See United States v. Cupples, 112 F.3d 318, 320 (8th Cir.1997); United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir.1993).
cited Cited as authority (rule) United States v. David Pardue
8th Cir. · 1999 · confidence medium
See United States v. Cupples, 112 F.3d 318, 320 (8th Cir. 1997); United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir. 1993).
discussed Cited as authority (rule) Vereda, Ltda. v. United States
Fed. Cl. · 1999 · confidence medium
See Vereda, 41 Fed.Cl. at 503 -04 (citing Sarit v. DEA, 987 F.2d 10 (1st Cir.), cert. denied, 510 U.S. 888 , 114 S.Ct. 241 , 126 L.Ed.2d 195 (1993); Muhammed v. DEA, 92 F.3d 648, 653 (8th Cir.1996) (“required notice is clearly focused on instructing parties not yet contesting the forfeiture in court what procedures must be followed”); Aero-Medical Inc. v. United States, 23 F.3d 328, 330-31 (“[I]t was unacceptable for the DEA to rely upon notice by publication while failing to use the information it possessed from the beginning of the forfeiture process to notify plaintiff.”); United St…
discussed Cited as authority (rule) United States v. Gagliardi
1st Cir. · 1999 · confidence medium
See, e.g., Weng v. United States, 137 F.3d 709, 713-15 (2d Cir. 1998); United States v. Cupples, 112 F.3d 318, 320 (8th Cir. 1997); Bye v. United States, 105 F.3d 856, 857 (2d Cir. 1997)(per curiam); United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir. 1993).
discussed Cited as authority (rule) RTC Mortgage Trust 1994-N-2 v. Fry
Pa. · 1999 · signal: cf. · confidence medium
Cf. United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir.1993) (where the actual whereabouts of a party with an interest in property are known, Mennonite Board requires that notice of forfeiture proceedings be sent to that address).
discussed Cited as authority (rule) United States v. Derenak
M.D. Fla. · 1998 · confidence medium
See, e.g., Weng v. United States, 137 F.3d 709, 713 (2d Cir.1998); Boero v. Drug Enforcement Admin., 111 F.3d 301, 305 (2d Cir.1997); United States v. Giraldo, 45 F.3d 509, 511 (1st Cir.1995); United States v. Woodall, 12 F.3d 791, 793 (8th Cir.1993); Taft v. United States, 824 F.Supp. 455, 462 (D.Vt.1993).
examined Cited as authority (rule) United States v. Account PO-204,675.0 (5×) also: Cited "see"
10th Cir. · 1998 · confidence medium
In fact, it is not remotely speculative the Batliner firm would inform Levoyer Jimenez of the case in light of its relationship with her and the fact that she is one of only two authorized signatories for the actions of the Somateria Foundation. 4 Claimants cite United States v. Woodall, 12 F.3d 791, 794 (8th Cir.1993), for the proposition that when government officials have actual knowledge of an interested party's whereabouts, due process requires notice to be sent to the individual at that address.
discussed Cited as authority (rule) Hawkins v. Henderson County
E.D. Tex. · 1998 · confidence medium
See also U.S. v. Arreola-Ramos, 60 F.3d 188 (5th Cir.1995); United States v. Giraldo, 45 F.3d 509, 511 (1st Cir.1995); United States v. Woodall, 12 F.3d 791, 793 (8th Cir.1993). 3 . 21 C.F.R. § 1316.75 , incorporating by reference 19 U.S.C. § 1607 (a)(1). 4 .
cited Cited as authority (rule) United States v. Dusenbery
N.D. Ohio · 1998 · confidence medium
United States v. Giraldo, 45 F.3d 509, 511 (1st Cir.1995) (emphasis added) (quoting United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir.1993)).
discussed Cited as authority (rule) Gaten v. Hudson
8th Cir. · 1998 · confidence medium
Contrary to Mr. Gaten-Bey's argument, the DEA was permitted to receive the currency without a court order, see Madewell v. Downs, 68 F.3d 1030, 1037-45 (8th Cir.1995), and the DEA provided him adequate notice prior to the forfeiture, see 19 U.S.C. § 1607 (a) (requiring written notice to interested parties); 21 C.F.R. § 1316.75 (a) (1997) (requiring newspaper publication); United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir.1993) (adequacy of notice is measured at time notice is sent; in forfeiture action, defenses such as lack of probable cause are waived if no claim is filed after adequa…
discussed Cited as authority (rule) Kevin L. Gaten v. Richard E. Hudson
8th Cir. · 1998 · confidence medium
Contrary to Mr. Gaten-Bey&s argument, the DEA was permitted to receive the currency without a court order, see Madewell v. Downs, 68 F.3d 1030, 1037-45 (8th Cir. 1995), and the DEA provided him adequate notice prior to the forfeiture, see 19 U.S.C. § 1607 (a) (requiring written notice to interested parties); 21 C.F.R. § 1316.75 (a) (1997) (requiring newspaper publication); United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir. 1993) (adequacy of notice is measured at time notice is sent; in forfeiture action, defenses such as lack of probable cause are waived if no claim is filed after adeq…
discussed Cited as authority (rule) Yeung Mung Weng v. United States (2×) also: Cited "see"
2d Cir. · 1998 · confidence medium
Cf. Mennonite Bd. of Missions v. Adams, 462 U.S. 791, 800 , 103 S.Ct. 2706, 2712 , 77 L.Ed.2d 180 (1983) (“Notice by mail or other means as certain to ensure actual notice is a minimum constitutional precondition to a proceeding which will adversely affect the liberty or property interests of any party ... if its name and address are reasonably ascertainable.”); United States v. Woodall, 12 F.3d 791, 794 (8th Cir.1993) (‘When the government has actual knowledge of an interested party’s whereabouts at the time forfeiture is commenced, failure to direct the statutorily required personal …
discussed Cited as authority (rule) Ivester v. Lee (2×)
E.D. Mo. · 1998 · confidence medium
See Muhammed v. Drug Enforcement Agency, Asset Forfeiture Unit, 92 F.3d 648 , 651 & n. 3 (8th Cir.1996); United States v. Woodall, 12 F.3d 791, 795 (8th Cir.1993).
discussed Cited as authority (rule) United States v. Antoine Echols
8th Cir. · 1997 · signal: cf. · confidence medium
See 19 U.S.C. §§ 1607-1609 (notice and administrative forfeiture procedural requirements); 21 C.F.R. § 1316.75-77 (1996) (same); Madewell v. Downs, 68 F.3d 1030, 1047 (8th Cir. 1995) (adequate notice where plaintiff was not in federal custody or being prosecuted for federal offenses, and DEA sent forfeiture notice to address plaintiff gave at time of arrest and property seizure; any confusion about plaintiff&s actual residence was result of his own conduct and not result of willful failure to send notice to address DEA knew or should have known); cf. Woodall, 12 F.3d at 794-95 (inadequate n…
discussed Cited as authority (rule) United States v. Antoine Echols
8th Cir. · 1997 · signal: cf. · confidence medium
See 19 U.S.C. §§ 1607-1609 (notice and administrative forfeiture procedural requirements); 21 C.F.R. § 1316.75-77 (1996) (same); Madewell v. Downs, 68 F.3d 1030, 1047 (8th Cir.1995) (adequate notice where plaintiff was not in federal custody or being prosecuted for federal offenses, and DEA sent forfeiture notice to address plaintiff gave at time of arrest and property seizure; any confusion about plaintiff's actual residence was result of his own conduct and not result of willful failure to send notice to address DEA knew or should have known); cf. Woodall, 12 F.3d at 794-95 (inadequate no…
discussed Cited as authority (rule) Ibarra v. United States
4th Cir. · 1997 · confidence medium
See United States v. Schinnell, 80 F.3d 1064, 1069 (5th Cir. 1996); United States v. Giraldo, 45 F.3d 509, 511 (1st Cir. 1995); United States v. Clagett, 3 F.3d 1355, 1356-57 (9th Cir. 1993); United States v. Woodall, 12 F.3d 791, 793 (8th Cir. 1993); Linarez v. United States Dep't of Justice, 2 F.3d 208 , 213 (7th Cir. 1993); Frazee v. Inter- nal Revenue Service, 847 F.2d 448, 449-50 (10th Cir. 1991); Onwubiko v. United States, 969 F.2d 1392, 1398-99 (2d Cir. 1992).
discussed Cited as authority (rule) Maria Jimena Ibarra v. United States of America Unknown Government Officers
4th Cir. · 1997 · confidence medium
See United States v. Schinnell, 80 F.3d 1064, 1069 (5th Cir. 1996); United States v. Giraldo, 45 F.3d 509, 511 (1st Cir.1995); United States v. Clagett, 3 F.3d 1355, 1356-57 (9th Cir.1993); United States v. Woodall, 12 F.3d 791, 793 (8th Cir.1993); Linarez v. United States Dep’t of Justice, 2 F.3d 208 , 213 (7th Cir.1993); Frazee v. Internal Revenue Service, 947 *475 F.2d 448, 449-50 (10th Cir.1991); Onwubiko v. United States, 969 F.2d 1392, 1398-99 (2d Cir. 1992).
discussed Cited as authority (rule) United States v. Marolf
C.D. Cal. · 1997 · confidence medium
See United States v. Garcia, 65 F.3d 17 (4th Cir.1995); United States v. Giraldo, 45 F.3d 509, 510 (1st Cir.1995); United States v. Woodall, 12 F.3d 791, 793 (8th Cir.1993); Willis v. United States, 787 F.2d 1089, 1093 (7th Cir.1986).
discussed Cited as authority (rule) Arango v. United States Department of the Treasury (2×)
11th Cir. · 1997 · confidence medium
United States v. Woodall, 12 F.3d 791, 795 (8th Cir.1993) (holding that because administrative forfeiture violated procedural requirements district court must “set aside the forfeiture Declaration” and either return property or “commence judicial forfeiture”); Ramirez v. United States, 767 F.Supp. 1563, 1570 (M.D.Fla.1991) (holding that because Customs ignored bond waiver request “the Court will set aside the administrative forfeiture and will treat its ... bench trial as a judicial forfeiture proceeding”). 11 Thus, despite its alleged untimeliness, the opportunity Arango was given…
discussed Cited as authority (rule) Burke v. United States Department of Justice (2×)
M.D. Ala. · 1997 · confidence medium
See United States v. Schinnell, 80 F.3d 1064, 1069 (5th Cir.1996); United States v. Sanders, No. 94-6219, 1995 WL 94666, at *2-3 (10th Cir. February 28, 1995) (unpublished disposition); United States v. Giraldo, 45 F.3d 509, 511 (1st Cir.1995); United States v. Woodall, 12 F.3d 791, 793 (8th Cir.1993); see also Dawson v. Drug Enforcement Admin., 927 F.Supp. 748, 752 (S.D.N.Y.1996).
cited Cited as authority (rule) Rodriguez-Claudio v. United States
1st Cir. · 1997 · confidence medium
A collateral attack on a forfeiture, such as the one at hand, "necessarily presents a claim for equitable relief." Uni ted States v. Woodall, 12 F.3d 791, 793 (8th Cir. 1993).
cited Cited as authority (rule) Rodriguez-Claudio v. United States
1st Cir. · 1997 · confidence medium
A collateral attack on a forfeiture, such as the one at hand, "necessarily presents a claim for equitable relief." Uni ted States v. Woodall, 12 F.3d 791, 793 (8th Cir. 1993).
discussed Cited as authority (rule) United States v. William Lee Cupples
8th Cir. · 1997 · confidence medium
In United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir.1993), this Court held that “if the government is incarcerating or prosecuting the property owner when it elects to impose the additional burden of defending a forfeiture proceeding, fundamental fairness surely requires that either the defendant or his counsel receive actual notice of the agency’s intent to forfeit in time to decide whether to compel the agency to proceed by judicial condemnation.” The government attempts to distinguish Woodall by pointing out that in that case, the government sent the notice of forfeiture to the …
discussed Cited as authority (rule) United States v. William L. Cupples
8th Cir. · 1997 · confidence medium
In United States v. Woodall, 12 F.3d 791, 794-95 (8th Cir. 1993), this Court held that “if the government is incarcerating or prosecuting the property owner when it elects to impose the additional burden of defending a forfeiture proceeding, fundamental fairness surely requires that either the defendant or his counsel receive actual notice of the agency’s intent to forfeit in time to decide whether to compel the agency to proceed by judicial condemnation.” The government attempts to distinguish Woodall by pointing out that in that case, the government sent the notice of forfeiture to the…
cited Cited as authority (rule) Alberto Boero v. Drug Enforcement Administration
2d Cir. · 1997 · confidence medium
See, e.g., United States v. Volanty, 79 F.3d 86, 88 (8th Cir.1996); United States v. Giraldo, 45 F.3d 509, 512 (1st Cir.1995); United States v. Woodall, 12 F.3d 791, 795 (8th Cir.1993).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Norman Ray WOODALL, Defendant-Appellant
92-3404.
Court of Appeals for the Eighth Circuit.
Dec 28, 1993.
12 F.3d 791
Ramona L. Marten, St. Louis, MO, argued, for appellant., Raymond M. Meyer, St. Louis, MO, argued for appellee.
Wollman, Loken, Hunter.
Cited by 112 opinions  |  Published
Pinpoint authority: bottom 54%
LOKEN, Circuit Judge.

On October 19, 1989, the St. Charles, Missouri, police arrested Norman Ray Woodall for a state firearms offense and seized $1,811 in cash while booking him at the local jail. Woodall was subsequently indicted and convicted of violating 18 U.S.C. §§ 922(g)(1) and 924(e)(1). See United States v. Woodall, 938 F.2d 834 (8th Cir.1991). In January 1992, Woodall commenced this action by filing a pro se “Motion for Return of Property” to recover the $1,811. The government suggested that the claim be denied as moot, submitting a February 1990 Drug Enforcement Administration (“DEA”) Declaration that the currency had been administratively forfeited. The district court summarily denied Woodall’s motion as moot. Woodall appeals, arguing that the district court erred in refusing to consider whether DEA violated his due process rights by not giving adequate notice of the administrative forfeiture. We reverse and remand.

I.

DEA forfeited the money on the ground that it was used or acquired as a result of a drugrrelated offense. See 21 U.S.C. § 881(a)(6). This statute incorporates the forfeiture procedures found in the Tariff Act of 1930. See 21 U.S.C. § 881(d). The Tariff Act permits “administrative forfeitures” of property valued at $500,000 or less. See 19 U.S.C. §§ 1607-1609; 21 C.F.R. §§ 1316.75-77. Under this procedure, DEA must publish notice of its intent to forfeit in a newspaper of general circulation once a week for at least three successive weeks, and must send “[wjritten notice of seizure together with information on the applicable procedures ... to each party who appears to have an interest in the seized article.” 19 U.S.C. § 1607(a).

[*793] If no party files a claim asserting an interest in the property within twenty days of the first publication, DEA may declare the property forfeited. See 19 U.S.C. § 1609. “A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the United States.” 19 U.S.C. § 1609(b). However, if a proper claim is filed, DEA must refer the proceeding “to the United States attorney for the district in which seizure was made, who shall-proceed to a condemnation of the merchandise or other property in the manner prescribed by law.” 19 U.S.C. § 1608; see also 21 C.F.R. § 1316.78.

These Tariff Act provisions frame the issues on appeal. The government argues, and the district court held, that that court lacked jurisdiction to consider whether the DEA forfeiture Declaration may be collaterally attacked on due process grounds. Therefore, the argument proceeds, Woodall's Motion for Return of Property is “moot” — in other words, he is bound by the administrative forfeiture. This narrow view of the district court’s jurisdiction finds no support in the statutory scheme or Supreme Court precedent. Under 19 U.S.C. § 1609, DEA’s Declaration has the force and effect of “a final decree and order” of the district court. Any court, even one of limited jurisdiction, has jurisdiction to consider the validity of its prior decrees. See, e.g., Biggs v. Johnson County, 73 U.S. (6 Wall.) 166, 187, 18 L.Ed. 768 (1867); Voorhees v. United States Bank, 36 U.S. (10 Pet.) 449, 477, 9 L.Ed. 490 (1836). The statute itself provides that the DEA Declaration is just such a decree.

Other circuits have agreed that the district courts have jurisdiction to consider a collateral due process attack on an administrative forfeiture. Some, including this court, have upheld jurisdiction under the Tucker Act, 28 U.S.C. §§ 1346, 1491. See Onwubiko v. United States, 969 F.2d 1392, 1398-99 (2d Cir.1992), and cases cited; United States v. Rapp, 539 F.2d 1166, 1161 (8th Cir.1976). Others have found general federal question jurisdiction under 28 U.S.C. § 1331. See Marshall Leasing, Inc. v. United States, 893 F.2d 1096, 1102 (9th Cir.1990); Willis v. United States, 787 F.2d 1089, 1093 (7th Cir.1986). And the government itself has argued that 28 U.S.C. § 1355 gives the district courts exclusive jurisdiction over § 881 forfeitures. See United States v. $79,123.49, 830 F.2d 94, 98 (7th Cir.1987). Although there may be concurrent jurisdiction under the Tucker Act, jurisdiction is more soundly based upon 28 U.S.C. § 1331 or § 1355, along with 19 U.S.C. § 1609(b) and 21 U.S.C. § 881, because a collateral due process attack on a DEA forfeiture declaration necessarily presents a claim for equitable relief, and the Tucker Act does not confer equity jurisdiction. See United States v. Testan, 424 U.S. 392, 397-98, 96 S.Ct. 948, 952-53, 47 L.Ed.2d 114 (1976).

It is not surprising that the federal courts have universally upheld jurisdiction to review whether an administrative forfeiture satisfied statutory and due process requirements. Judicial review is a fundamental safeguard against government agencies and' public officials who wrongfully seize or hold a citizen’s property. See Land v. Dollar, 330 U.S. 731, 738, 67 S.Ct. 1009, 1012, 91 L.Ed. 1209 (1947); United States v. Lee, 106 U.S. 196, 220-21, 1 S.Ct. 240, 260-61, 27 L.Ed. 171 (1882). Rigorous judicial review of forfeitures began at least as early as Slocum v. Mayberry, 15 U.S. (2 Wheat.) 1, 10, 4 L.Ed. 169 (1817) (Marshall, C.J.), and continues today. See United States v. James Daniel Good-Real Property, — U.S.-, 114 S.Ct. 492, 126 L.Ed.2d 490 (1993). Under the Tariff Act, the statutory right to compel an agency to proceed by judicial condemnation is a vital congressional restraint on arbitrary confiscations. Yet, as in other adjudicatory settings, this right “has little reality or worth unless one is informed that the matter is pending and can choose for himself whether to appear or default, acquiesce or contest.” Mullane v. Central Hanover Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950). Judicial review of this due process issue is therefore essential.

The government also argues that dismissal of Woodall’s petition is required by our decision in In re Harper, 835 F.2d 1273 (8th Cir.1988). In Harper, we affirmed the district court’s refusal to exercise equitable jur[*794] isdiction over a claim of insufficient forfeiture notice on the ground that the claimant had an adequate remedy at law — an action in the Court of Claims under the Tucker Act. However, since our decision in Harper, the Court of Claims has repeatedly held that it lacks jurisdiction to provide equitable relief for constitutional violations arising out of the forfeiture process. See, e.g., Lark v. United States, 17 Cl.Ct. 567, 569 (1989); Noel v. United States, 16 Cl.Ct. 166, 169 (1989); La-Chance v. United States, 15 Cl.Ct. 127, 130 (1988). Because claimants no longer have an adequate remedy at law, Harper affords no ground for declining equity jurisdiction over Woodall’s due process claim.. Accord Marshall Leasing, 893 F.2d at 1100-01.

For the foregoing reasons, we hold that the district court has jurisdiction to consider Woodall’s claim that he received.inadequate notice of DEA’s administrative forfeiture. [1]

II.

The government urges us to affirm the district court on the alternative ground that Woodall in fact received adequate notice of the administrative forfeiture, yet failed to timely file a claim. In support, the government has submitted documents not before the district court showing that, after “adopting” the $1,811, [2] DEA mailed one written notice of forfeiture to Woodall’s home and another to him at the St. Charles jail. Woodall responds that the notice was sent during the pendency of his federal criminal prosecution, that the district court had ordered his release on bond to a different residence known to the government, that no notice was mailed either to Woodall’s correct' address or to his attorney, and that he received no actual notice of the impending forfeiture.

The statute requires, in addition to notice by publication, “written notice ... to each party who appears to have an interest in the seized article.” 19 U.S.C. § 1607(a). In a proceeding of this nature, the Constitution requires “notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” Mullane, 339 U.S. at 314, 70 S.Ct. at 657. Whether notice was adequate is measured at the time the notice was sent. See Sarit v. Drug Enforcement Admin-., 987 F.2d 10, 14 (1st Cir.), cert. denied, — U.S. -, 114 S.Ct. 241, 126 L.Ed.2d 195 (1993).

When the government has actual knowledge of an interested party’s whereabouts at the time forfeiture is commenced, failure to direct the statutorily required personal notice to that address cannot be considered compliance with either the statute or minimum due process standards. See Mennonite Bd. of Missions v. Adams, 462 U.S. 791, 800, 103 S.Ct. 2706, 2712, 77 L.Ed.2d 180 (1983) (“[Ajctual notice is a minimum constitutional precondition to a proceeding which will adversely affect the liberty or property interests of any party ... if its name and address are reasonably ascertainable”) (emphasis omitted); Fisher v. Stutman, 1987 WL 20223, at *2 (D.Mass. Nov. 6, 1987); Jaekel v. United States, 304 F.Supp. 993, 998 (S.D.N.Y.1969). Moreover, if the government is incarcerating or prosecuting the property owner when it elects to impose the additional burden of defending a forfeiture proceeding, fundamental fairness surely requires that either the defendant or his counsel receive actual notice, of the agency’s intent to forfeit in time to decide whether to[*795] compel the agency to proceed by judicial condemnation. See Robinson v. Hanrahan, 409 U.S. 38, 40, 93 S.Ct. 30, 31, 34 L.Ed.2d 47 (1972) (due process violated when forfeiture notice mailed to the home of .a defendant who was in jail throughout the proceeding); Taft v. United States, 824 F.Supp. 455, 465 (D.Vt.1993); Montgomery v. Scott, 802-F.Supp. 930, 935-37 (W.D.N.Y.1992); Gutt v. United States, 641 F.Supp. 603, 606 (W.D.Va.1986). Thus, if the facts in this case are as Woodall alleges — something we cannot determine on this record — he did not receive adequate notice of the administrative forfeiture and is entitled to have the forfeiture Declaration voided.

Woodall also argues on appeal that DEA lacked probable causé to commence, and did not timely commence, [3] the administrative forfeiture proceeding. These issues are prematurely raised. If the DEA forfeiture is valid, then Woodall waived these possible defenses when he failed to file a timely claim and bond in accordance with 19 U.S.C. § 1608. On the other hand, if the administrative forfeiture is void because of inadequate notice to Woodall, then the district court must set aside the forfeiture Declaration and order DEA either to return Woodall’s property or commence judicial forfeiture in the district court, at which time Woodall may assert whatever defenses may be available to him. See Onwubiko v. United States, 969 F.2d at 1399-1400.

The judgment of the district court is reversed and the case is remanded for further proceedings consistent with this opinion.

1

. At oral argument, the government suggested that we affirm because Woodall may not obtain relief under Fed.R.Crim.P. 41(e) after the conclusion of his criminal proceeding. See Rapp, 539 F.2d at 1160. However, as the district court has jurisdiction over the underlying claim, Woodall's pro se pleading should be liberally construed as seeking to invoke the proper remedy. See Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); accord United States v. Clagett, 3 F.3d 1355, 1356 n. 2 (9th Cir.1993).

2

. At oral argument, the government asserted that the adoption procedure, by which local authorities voluntarily delivered the money to DEA, gave the agency jurisdiction to forfeit it under 21 U.S.C. § 881. That may well be true. See United States v. $12,390, 956 F.2d 801, 805 (8th Cir.1992). But it does not answer the question, by what authority under Missouri law and the Constitution did the St. Charles jailers, as bailees of an inmate’s money, surrender possession of that money to another sovereign, without notice or other due process to the inmate? That question is not before us.

3

. Department of Justice policy specifies that written notice of'intent to forfeit be provided to interested parties within 60 days of the seizure. See United States Department of Justice Directive No. 93-4 (Jan. 15, 1993). Woodall argues that this forfeiture was invalid because DEA waited 76 days from the date of seizure to publish notice of its intent to forfeit. See generally James Daniel Good Real Property, — U.S. -, 114 S.Ct. 492, 126 L.Ed.2d 490; United States v. $8,850, 461 U.S. 555, 569, 103 S.Ct. 2005, 2014, 76 L.Ed.2d 143 (1983).