United States v. $405,089.23 U.S. Currency
Opinion
Lead Opinion
MEMORANDUM **
Charles Arlt, James Wren, and Payback Mines (“Claimants”), after winning a civil forfeiture action brought by the United States against their assets, moved for attorneys’ fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 . The district court denied their motion and they appealed. We have jurisdiction and we affirm.
The district court’s decision not to grant attorneys’ fees is reviewed for abuse of discretion. See Andrew v. Bowen, 837 F.2d 875, 879 (9th Cir.1988). Under 28 U.S.C. § 2412 (d)(1)(A), the Claimants are entitled to attorneys’ fees if they can demonstrate that the Government was not substantially justified in pursuing the forfeiture action.
To prevail in the forfeiture action, the Government was required to show that it had probable cause to believe, at the time it instituted the action, that the assets were subject to forfeiture. The Government establishes probable cause by demonstrating, by a totality of the circumstances, that the assets subject to forfeiture were connected in some way to the illegal activity. See United States v. Real Property Known as 22249 Dolorosa Street, 167 F.3d 509, 513 (9th Cir.1999).