United States v. $133,420.00 in United States Currency

This appeal arises in the context of a civil forfeiture action instituted by the government after it seized $133,420 found in Damon Louis’s car. Louis asserts that the district court erred in granting summary judgment to the government after determining that Louis lacked standing. Because the district court did not err in striking Louis’s interrogatory response claiming ownership of the property, and because the remaining evidence was inadequate to establish that Louis had standing, we affirm.

I

This appeal arises in the context of a civil forfeiture action. Such actions are governed by statute, the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, and the Federal Rules of Civil Procedure. We begin by briefly describing the applicable statutory and procedural provisions.

Under 21 U.S.C. § 881 (a), certain property is “subject to forfeiture to the United States.” Relevant here, § 881(a)(6) provides that “moneys ... furnished or intended to be furnished by any person in exchange for a controlled substance” and “all proceeds traceable to such an exchange” are subject to forfeiture. Once such property has been seized, it is “deemed to be in…