United States v. One 1967 Ford Mustang, 2-Door Hardtop, Serial No. 7R02C149263, California License No. WFJ 079
Opinion
lead Opinion
Ely, J.
The subject appeals, involving identical issues, have been consolidated for all purposes. In each instance, the appellant [hereinafter “the Bank”] purchased a motor vehicle security agreement from the selling dealer after conducting a thorough credit investigation of each purchaser. The Bank thus became the legal owner of the vehicles. Thereafter, the vehicles were used to facilitate the transportation of counterfeit Federal Reserve Notes, a violation of 49 U.S.C. § 781 , and, because of that use, they were seized by special agents of the United *932 States Secret Service. The Attorney General then denied the Bank’s petition for remission of the automobiles because the Bank, prior to purchasing the security agreements, had failed to inquire of either the Bureau of Customs, the Bureau of Narcotics and Dangerous Drugs, or the Los Angeles, California, County Clerk to determine whether the purchasers of the vehicles had any prior record for commercial crimes. The United States instituted complaints in the District Court, praying that the subject vehicles be forfeited as provided in 49 U.S.C. § 782 . The District Court entered judgment in each case that the automobile be forfeited, and…