United States v. 1980 Red Ferrari, Vin No. 9a0034335, Oregon License No. Gpn 835, Brian R. Oliver, Claimant-Real-Party In-Interest-Appellant

Brian Oliver, who claims to have purchased a 1980 red Ferrari automobile from an attorney with whom he had been living episodically for several years, appeals a forfeiture order entered in favor of the government on cross-motions for summary judgment. We affirm.

The government asserted a statutory forfeiture against the vehicle because it was “proceeds traceable to” money or other things of value exchanged for controlled substances, pursuant to 21 U.S.C. § 881 (a)(6). Arlene West, the attorney from whom Oliver obtained the Ferrari, did not testify. She had formerly represented one Felix Mitchell, a convicted drug dealer and earlier possessor of the automobile. In 1983, the automobile came into the possession of West. These facts are undisputed.

Without the benefit of testimony from West, Oliver attempted to defend against the forfeiture by contending that the government had not made a sufficient prima facie case to shift to him the burden of proving that he was an “innocent owner” within the meaning of section 881(a)(6). The assertion that the burden rests with the government is incorrect. The provision for “innocent owners” reads in pertinent part:

21 U.S.C. § 881 (a)(6)…