United States v. Lorena Chavez, Claimant-Appellant, Rafael Quiroz

Lorena Chavez appeals the district court’s order of forfeiture of the lottery winnings owed to Rafael Quiroz-Monteja-no. Chavez contends that Quiroz, her husband, had transferred his interest in the winnings to her prior to the order of forfeiture. We hold that, pursuant to 21 U.S.C. § 853 , the property was properly held forfeited to the United States.

FACTS

On February 4, 1989, Rafael Quiroz won California’s “Big Spin” lottery, entitling him to one million dollars, to be paid out over a 20-year period. On August 25, 1997, Quiroz married Lorena Chavez Posa-da. On October 25, 1997, he executed before two witnesses at Tecoman, Colina, Mexico, the following document:

On September 8, 2000, Quiroz was convicted of conducting a continuing criminal enterprise in methamphetamine between July 1992 and May 1998. The jury entered a special verdict of forfeiture of $4.3 million as proceeds of his criminal activity.

On September 15, 2000, the district court entered a preliminary order of forfeiture of interest in the $4.3 million. On motion of the United States, this order was amended on November 13, to substitute, pursuant to 21 U.S.C. § 853 (p), the lottery winnings due…