United States v. Real Property Located at 7700 Stein Way, Unit 132

Good Law
127 F. App'x 262
United States Court of Appeals for the Ninth CircuitMarch 28, 2005Nos. 02-56627, 02-56897, 02-56899, 02-56900California1,811 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated appeals, the Bus-sell Family Trust (“the Trust”) appeals from judgments of forfeiture with respect to three parcels of real property and rental proceeds derived from one of them. The United States (“the government”) sought forfeiture based upon allegations that the defendant properties were involved in, or traceable to, a scheme by which John and Letantia Bussell (“the Bussells”) attempted to evade tax liabilities and conceal assets in a bankruptcy proceeding. The Trust filed claims asserting an ownership interest in each of the defendant properties. Following the parties’ cross-motions for summary judgment, the district court granted partial summary judgment for the government on the ground that the Trust lacked Article III standing to contest the forfeitures, and denied the Trust’s motion for summary judgment without reaching the merits of the arguments raised therein. *264 The district court subsequently entered final judgment of forfeiture in all four actions.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s finding that a claimant lacks standing to challenge a civil forfeiture, United States v. Real…

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