United States v. One Hundred Thirty-Three (133) United States Postal Service Money Orders Totaling $127,479.24 in United States Currency
Opinion
Opinion
MEMORANDUM
Samuel Kornhauser appeals the district court’s order striking his claim for lack of standing and granting summary judgment. We affirm. Because the parties are familiar with the facts of this case, we need not recite them here.
I
The district court properly concluded that Kornhauser lacked standing to assert a claim in this civil forfeiture action. A civil forfeiture claimant demonstrates Arti-ele III standing by showing he has a “ ‘col-orable interest in the property,’ ” which includes “an ownership interest or a pos-sessory interest” in the specific seized property. United States v. $133,420 in U.S. Currency, 672 F.3d 629, 687-38 (9th Cir.2012) (citation omitted). General unsecured creditors of the person whose property was seized lack a sufficient property interest to have standing to challenge the government’s civil forfeiture. See 18 U.S.C. § 983 (d)(6)(B)(i) (excluding “a person with only a general unsecured interest in, or claim against, the property or state of another” from the definition of an owner); see also United States v. $20,193.39 U.S. Currency, 16 F.3d 344, 346 (9th Cir. 1994) (“unsecured creditors do not have standing to challenge the civil…