Kenneth Comfort v. United States

MEMORANDUM

Kenneth Comfort (“Comfort”) appeals pro se a forfeiture order resulting from his former girlfriend’s crime of structuring financial transactions in violation of 31 U.S.C. § 5324 (a)(3). Jennifer Shanholtzer (“Shanholtzer”) used this structured currency to loan Comfort $80,000 to pay off his existing debt on an aircraft.

Although the government initially sought to forfeit the aircraft, Comfort objected, and in an ancillary proceeding the court accepted Comfort’s argument that Shanholtzer had only a security interest, rather than possessory interest, in the plane. The court determined that Comfort had made payments of $7,500 to Shan-holtzer prior to learning that she was under investigation, and concluded that her remaining interest in the plane was $72,500. Comfort’s interest in the aircraft was not forfeited, but the forfeiture of Shanholtzer’s security interest permits the United States to sell the aircraft (in which case any residual equity in the plane would be returned to Comfort) or make “any other lawful arrangements to which the parties may agree.”

On appeal, Comfort contends that he had superior title in the $43,500 deposited directly into his account and…