United States v. U.S. Currency in the Amount of $110,000.00, Jo Ann Oberlin, Applicant for Intervention-Appellant

Jo Ann Oberlin appeals from the denial of her motion to intervene' in an action brought by the government seeking forfeiture of $110,000.00 in currency held by her husband, Marcel R. Oberlin, on or before February 19, 1982 with the intent to facilitate a violation of Subchapter I, Chapter 13 of Title 21, United States Code. The complaint in the forfeiture action was filed on May 17, 1982. Marcel R. Oberlin was personally served with a copy of the complaint and the warrant on June 4, 1982.

On May 20, 1982, the district court appointed the Drug Enforcement Administration as substitute custodian of the currency ordered seized pursuant to the warrant of arrest in rem, in order to avoid transfer of the currency then in its possession to the custody of the United States Marshal.

The warrant of arrest in rem was issued on May 21, 1982. On May 27, 1982, the United States Marshal personally served the property seizure assistant of the Drug Enforcement Administration with a copy of the warrant for arrest in rem.

On July 21, 1982, an order was issued pursuant to a stipulation entered between the government and attorney Gregory W. Schmid, acting on behalf of Jo Ann Oberlin and her husband…