United States v. Forty-Seven Thousand Nine Hundred Eighty Dollars ($47,-980.00) in Canadian Currency

On April 2,1980, the government instituted this in rem action seeking forfeiture, under the provisions of 31 U.S.C. §§ 1101 and 1102, of $47,980 in Canadian currency seized by Customs. The Government appeals from the district court’s order granting summary judgment to claimant, BSP Investment & Development, Ltd. (BSP), and ordering the government to return the currency. The district court decided, inter alia, that the 14-month post-seizure delay in the institution of these forfeiture proceedings was unjustified and that the delay denied claimant its fifth amendment right to a prompt post-seizure judicial hearing. We affirm.

Customs summarily seized the currency on February 22, 1979, from William A. Stark and Robert J. Pasco, two officers of claimant. Stark and Pasco had allegedly failed to declare the currency during an attempted entry into the United States from Canada. On February 23, Customs sent Stark a form entitled “Notice of Seizure and Information for Claimants” giving him three alternatives. If Stark did nothing, the matter would be referred to the United States Attorney within 60 days. If he did not file a petition for relief, he could expressly request that the matter…