United States v. One 1967 Cadillac Coupe Eldorado, Motor No. H7185812, License No. Tvg 691, Its Tools and Appurtenances

The Government appeals in a forfeiture action brought under 49 U.S.C. § 782 . Our jurisdiction rests on 28 U. S.C. § 1291. We reverse the district court’s denial of forfeiture; and find the claimant’s innocence to be an irrelevant consideration, and the claimant’s theory of illegal possession by the owner of record to be untenable.

The claimant-owner of the automobile is United California Bank. The registered owners were Clarence S. and Velma Turner who purchased the automobile under a conditional sales contract, and who, it is stipulated, on August 9, 1967 used the automobile to transport cocaine. The Government seized the ear, placing it in storage on September 11, 1967, and filed a Complaint for Forfeiture on September 29, 1967. It is the denial of this forfeiture that is here appealed.

It is undisputed that the unlawful use of the car was without claimant’s knowledge or consent. We conclude this is no defense against a forfeiture action brought under 49 U.S.C. § 782 . Our conclusion is not a novel proposition of law. In United States v. One 1961 Cadillac, 837 F.2d 730 (6th Cir. 1964), the assignee from an automobile dealer of a conditional sales contract filed a petition for…