United States v. One 1971 Opel G. T., Engine No. 77228077, California License No. 194 CQE

OPINION DELIVERED ORALLY FROM THE BENCH (EDITED)

This is an action filed by the Government under 19 U.S.C. § 1595a and 49 U. S.C. § 781 to forfeit the Defendant motor vehicle. The Claimant is the owner of the car, Mrs. Jerry Scoggins. The forfeiture resulted from the alleged use of the car by her son in connection with the importation of marijuana. The Government apparently does not contest Mrs. Scoggins’ claim that she is an innocent party in the marijuana transaction.

Prior to the commencement of the instant action by the Government, Mrs. Scoggins had filed a Petition for Remission or Mitigation of the forfeiture under 19 U.S.C. § 1618 , which Petition was denied by the Secretary of the Treasury. The Court has before it this morning her Motion for Summary Judgment, which, if granted, would result in immediate return of the car to her. Counsel for both sides agree that there is no disputed issue of material fact, and that the case is ripe for summary judgment. They also agree upon the accuracy of the chronology of the events set forth below:

On April 16, 1972, the Opel was seized by Customs Agents in Marina del Rey.

On May 17, 1972, the Claimant filed a Petition for Remission…