United States v. One 56-Foot Motor Yacht Named the Tahuna, and New Approach, Inc., Claimant-Appellant

New Approach, Inc. (New Approach) purchased a fifty-six-foot pleasure yacht, the Tahuna. It was seized by the government due to alleged clandestine activity occurring prior to the purchase by New Approach. New Approach appeals from a summary judgment of forfeiture entered pursuant to 21 U.S.C. §§ 841 (a), 881, and 952. We affirm.

I

We first dispose of the government’s contention that New Approach lacks standing as a claimant to contest the forfeiture of the vessel. The government has conceded, for purposes of its motion for summary judgment, that New Approach was a bona fide purchaser. The government asserts, however, that New Approach lacks standing because under the forfeiture laws of the United States, the government’s right to forfeiture of the vessel vested at the moment the yacht was used to transport contraband. New Approach, therefore, acquired no legal interest in the yacht when it attempted to purchase it several months later and thus cannot contest its forfeiture to the United States.

The government’s argument, while superficially appealing, is based on the very conclusion the forfeiture proceeding is designed to reach. Assuming that the forfeiture of a vessel…