United States v. Robert Ferro

MEMORANDUM

In district court, Appellant Robert Ferro failed timely to file a notice that he was a potential claimant with any “interest in such property.” 18 U.S.C. § 988 (a)(2)(C)(ii). Instead, more than two years after the forfeiture complaint was filed, Robert Ferro twice moved to dismiss based on insufficient service of process to him as a potential claimant. We DISMISS this appeal because Robert Ferro lacks standing to make any claim in this case.

“Article III standing must be determined as a threshold matter in every federal case. In a forfeiture action, this determination turns upon whether the claimant has a sufficient interest in the property to create a case or controversy.” United States v. Real Prop. Located at 5208 Los Franciscos Way, 385 F.3d 1187, 1191 (9th Cir.2004) (citations omitted). The ability to file a claim in a forfeiture action is governed by whether the claimant has an interest in the property under state law. Id.

Robert Ferro stated in a sworn declaration that “on or about May 2, 1992, I had conveyed in writing, ownership of all my possessions, including my collection of gold coins, firearms, and antiques. The gun collection included over 1500…