United States v. Fifteen Thousand Five Hundred Dollars ($15,500.00) United States Currency, Alice Mumford, Real Party in Interest-Appellant

The United States claimed under 18 U.S.C. § 1955 (d) for forfeiture of $15,500 allegedly used in connection with an illegal gambling business. The currency was seized, pursuant to a search warrant, from a safety deposit box rented jointly by Alice Mumford, appellant and alleged real party in interest, and her daughter.

In the original forfeiture proceeding appellant moved to suppress the currency, arguing that it had been discovered from information obtained from illegal wiretaps. Judgment in favor of appellant was reversed on appeal by unpublished order. On remand a subsequent motion to suppress on other grounds was denied by the district court and the matter proceeded to trial on stipulated facts and exhibits. Mumford appeals from a judgment of forfeiture.

She raises many issues including (1) whether the applicable burden of proof requirement of 19 U.S.C. § 1615 , is constitutional; (2) whether the wiretap application provided the information required by 18 U.S.C. § 2518 (l)(c); and (3) whether there was probable cause for issuance of the search warrant and the wiretap authorizations. We need not decide these issues, however, because appellant has not established…