United States v. Ranch Located in Young, Arizona, With All Appurtenances and Improvements Thereon, and Marguerite Lucas Maiello, Claimant-Appellant

ORDER

The memorandum disposition filed January 4, 1995, is redesignated as an authored opinion by Judge Farris.

OPINION

The question presented is whether Arizona’s Uniform Fraudulent Transfer Act prevented Marguerite Maiello from acquiring an interest in the defendant property and from asserting the “innocent owner” defense under 21 U.S.C. § 881 (a)(6) and 18 U.S.C. § 981 (a)(1)(A) to a forfeiture of the property.

I. FACTS

Michael Maiello and Marguerite Maiello are husband and wife and the sole stockholders of Jojoba Productions, Inc. In April 1989 Jojoba Productions purchased the defendant property. In September 1989 Michael Maiel-lo arranged a transaction that purportedly gave title of the defendant property to Jane Holzer but allowed Michael Maiello to be the actual owner. Jojoba Productions issued a Directors’ Resolution stating that the company owed Michael Maiello the sum of $350,000, and that in repayment of this debt Michael Maiello had agreed to accept the defendant property. The Resolution further stated that Michael Maiello was indebted to Holzer in the amount of $350,000, and that it was Michael Maiello’s desire that the defendant property be transferred directly…