United States v. Forty-Seven Thousand Nine Hundred Eighty Dollars ($47,980) in Canadian Currency
United States Court of Appeals for the Ninth Circuit
804 F.2d 1085 (1986)
- Written by Sharon Feldman, JD
Facts
Two officers of the Canadian corporation BSP entered the United States carrying $47,980 (defendant) in Canadian currency. When questioned by U.S. customs, the officers misrepresented the amount they were carrying. Customs agents searched the officers’ car and seized the currency. BSP sought administrative relief from forfeiture but was advised that criminal charges were being considered. The United States (plaintiff) filed a forfeiture action 14 months after the seizure. The district court granted summary judgment for BSP after determining that the 14-month delay between the seizure and institution of forfeiture proceedings violated due process. The Ninth Circuit affirmed but remanded after the Supreme Court held that an 18-month delay did not violate due process. The district court found no due-process violation. BSP appealed, arguing that due process was violated and that forfeiture requires a willful refusal to declare currency with knowledge of the legal reporting requirement.
Rule of Law
Issue
Holding and Reasoning (Wallace, J.)
Dissent (Stephens, J.)
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