United States v. Fifty-two Thousand & Eight Hundred Dollars ($52,800.00) in U.S. Currency & Interest
Opinion of the Court
This is a civil forfeiture action. At issue is $52,800 that the government contends is subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6) and 18 U.S.C. § 981(a)(1)(B) as proceeds traceable to transactions involving controlled substances. The government appeals the district court’s grant of summary judgment in favor of claimants Diego Jose Ganuza and Mayling Ganuza. The district court concluded that the less than four month delay between the seizure of the money and the initiation of forfeiture proceedings violated claimants’ constitutional right to due process of law. Specifically, the district court concluded that Diego Jose Ganuza’s extradition to Canada rendered the otherwise brief delay “lengthy and prejudicial”
BACKGROUND
On August 25, 1989, agents of the Drag Enforcement Administration (“DEA”) and the Bureau of Alcohol, Tobacco and Firearms arrested Diego Jose Ganuza at his residence in Miami, Florida, pursuant to an extradition arrest warrant. Ganuza had been criminally charged in Canada with conspiracy to import cocaine into that country. Contemporaneously with the arrest, the agents searched Diego Jose Ganuza’s residence and discovered $52,800 in United States currency, cocaine residue, drag paraphernalia, and firearms. DEA agents seized the $52,800 in currency as proceeds traceable to narcotics transactions.
Proceeds traceable to narcotics transactions are subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6), and pursuant to 18 U.S.C. § 981(a)(1)(B), if the narcotics transactions also violate the law of a foreign nation. Both of these statutes incorporate the seizure, forfeiture, and related provisions of the customs laws, 19 U.S.C. §§ 1602-1618.
Between December 15, 1989, and May 1990, claimants filed an answer to the government’s complaint and served interrogatories and requests for production of documents on the government. Claimants also filed a motion with the district court requesting that Diego Jose Ganuza’s extradition to Canada be stayed pending the trial of the forfeiture action. Claimants did not, however, undertake any action to expedite the judicial forfeiture proceeding. The district court denied the motion to stay the extradition, but Diego Jose Ganuza was successful, in separate proceedings, in delaying the extradition for some time. He was eventually extradited to Canada on May 17, 1990.
After Diego Jose Ganuza’s extradition, claimants filed several motions for summary judgment, one of which alleged that they were entitled to judgment as a matter of law because the government had violated their due process rights by waiting nearly four months after the seizure of the currency to initiate judicial forfeiture proceedings. The magistrate judge issued a report recommending that the motion be granted. Applying the four-factor balancing test of Barker v. Wingo,
DISCUSSION
The Supreme Court has held that the Barker v. Wingo balancing test applicable to speedy trial claims provides the relevant framework for determining the reasonableness of a delay in filing a forfeiture action.
There are several means by which a claimant may assert his rights to a prompt post-seizure hearing and, thereby, “trigger rapid filing of a forfeiture action if he desires it.”
Claimants were also dilatory in asserting their rights after the judicial forfeiture proceeding was initiated. Claimants answered the complaint and engaged in discovery, but took absolutely no action to expedite the trial of the case. Diego Jose Ganuza knew that his extradition was imminent, as he filed a motion with the district court to stay the extradition. Nevertheless, he did not file, even in the alternative, a motion to expedite the case. Again, there is no indication that claimants desired a speedy resolution of this matter. Thus, the third Barker factor, claimants assertion of their rights, weighs heavily against claimants.
Claimants argue that the delay about which they complain was due not to their failure to assert their rights, but to the government’s procrastination in issuing the notice of seizure, which was mailed more than two months after the currency was seized. While a promptly issued notice of seizure may have forced claimants to file a claim and cost bond earlier,
This case is similar to our decision in Nna-di v. Richter. In that case, the Customs Service seized claimant Ruby Nnadi’s car. Nnadi was present during the seizure. The Customs Service mailed Nnadi the requisite notice, but it was sent to an erroneous address, and Nnadi never received it. Approximately one and one-half months after the seizure, Nnadi filed a complaint in district court seeking return of the car. The district court ruled in Nnadi’s favor, holding that the government’s delay following the seizure violated Nnadi’s due process rights. This court reversed. Noting that Nnadi had not filed a claim and cost bond with the Customs Service or otherwise sought to speed up the forfeiture proceedings, we concluded: “[I]t is clear that any significant delay has resulted from Nnadi’s failure to exercise her rights in a timely fashion rather than from the government’s failure to pursue prompt settlement of Nnadi’s claims.”
We conclude that the district court erred in holding as a matter of law that the four Barker factors weighed in favor of claimants. While we acknowledge that claimants are prejudiced by Diego Jose Ganuza’s extradition, they could have prevented the prejudice by timely asserting their rights. We see nothing in the record to indicate that claimants desired a resolution of the forfeiture proceedings prior to the extradition.
CONCLUSION
For the reasons explained above, the district court’s order granting summary judgment for claimants-appellees is REVERSED and the case is REMANDED for further proceedings,
. Rl-64-5.
. 18 U.S.C. § 981(d); 21 U.S.C. § 881(d).
. 19 U.S.C. §§ 1608 and 1609; 21 C.F.R. §§ 1316.76 and 1316.77.
. 19 U.S.C. §§ 1603(b) and 1608; 21 C.F.R. § 1316.78.
. 19 U.S.C. § 1604.
. 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972).
. United States v. $8,850, 461 U.S. 555, 103 S.Ct. 2005, 76 L.Ed.2d 143 (1983).
. Id. at 564, 103 S.Ct. at 2012.
. Id. (footnote omitted).
. Rl-64-7-8.
. United States v. $8,850, 461 U.S. at 569, 103 S.Ct. at 2014.
. Id.; Nnadi v. Richter, 976 F.2d 682, 689 (11th Cir. 1992); Robinson v. United States, 734 F.2d 735, 738 (11th Cir. 1984).
. United States v. $8,850, 461 U.S. at 569, 103 S.Ct. at 2014; Nnadi, 976 F.2d at 689.
. See United States v. Premises Located at Route 13, 946 F.2d 749, 755 (11th Cir. 1991) (claimants failure to assert their right to a judicial hearing weighed against finding of due process violation); United States v. Bissell, 866 F.2d 1343, 1353 (11th Cir.) (third factor weighed against claimants where "nothing in the record indicates that [claimants] desired an early hearing to contest the government’s restraints”), cert. denied, 493 U.S. 876, 110 S.Ct. 213, 107 L.Ed.2d 166 (1989).
. To avoid summary forfeiture of the property, a claimant must file a claim within 20 days of the notice. 19 U.S.C. § 1609; 21 C.F.R. § 1316.77.
Reference
- Full Case Name
- United States v. FIFTY-TWO THOUSAND AND EIGHT HUNDRED DOLLARS ($52,800.00) IN U.S. CURRENCY AND INTEREST, Diego Jose Ganuza and Mayling Ganuza, Claimants-Appellees
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- 3 cases
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- Published