United States v. $186,416.00 in U.S. Currency

ORDER

Intervenor Paul Gabbert represented United Medical Caregivers Clinic (“UMCC”) in a civil forfeiture proceeding initiated by the United States, in which UMCC prevailed. See United States v. $186,416.00 in U.S. Currency, 590 F.3d 942 (9th Cir.2009). The Civil Asset Forfeiture Reform Act (“CAFRA”) provides that in “any civil proceeding to forfeit property under any provision of Federal law in which the claimant substantially prevails, the United States shall be liable for reasonable attorney fees and other litigation costs reasonably incurred by the claimant.” 28 U.S.C. § 2465 (b)(1)(A).

UMCC moved for an award of attorney fees and specifically requested that the fee award be paid directly to counsel, rather than to UMCC as the claimant. The government did not contest UMCC’s entitlement to fees as a substantially prevailing party but objected to the request that the fee award be paid directly to UMCC’s attorney. We denied UMCC’s request that the fee award be paid directly to Gabbert, holding that a fee award under CAFRA is payable to the claimant, not the claimant’s attorney. We referred the matter to the Appellate Commissioner to calculate an appropriate fee award to be…