People v. $9,632.50 UNITED STATES CURRENCY

Introduction

This case involves a civil forfeiture under Health and Safety Code section 11470, subdivision (f), of $9,632.50 in cash belonging to Abel R. Cortez, appellant, located in a savings account at First Interstate Bank. Section 11470, subdivision (f) provides for forfeiture of “[a]ll moneys . . . furnished ... by any person in exchange for a controlled substance, [and] all proceeds traceable to such an exchange . . . .” The primary issue is whether the statute authorizes forfeiture of an entire bank account that contains both drug proceeds and funds from legitimate sources. The secondary issue concerns whether substantial evidence supports forfeiture of the account proceeds directly attributable to drug trafficking.

Officers of the Bakersfield Police Department seized a bank account at First Interstate Bank belonging to appellant. Following a nonjury trial upon respondent’s amended petition, the court issued a statement of decision in favor of respondent.

Facts

Appellant worked for Johnston Farms and lived rent-free in a house on Johnston Farms’ Sunshine Ranch in Kern County. Appellant’s wife, stepson, stepdaughter, and daughter lived with him. His brother,…