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U.S. v. ONE SINGLE FAMILY RESIDENCE

No. 90-5387.

933 F.2d 976 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. ONE SINGLE FAMILY RESIDENCE LOCATED AT 15603 85TH AVENUE NORTH, LAKE PARK, PALM BEACH COUNTY, FLORIDA, including the real estate at that location, the appurtenances thereunto, and the improvements thereon, Defendant, Gary G. Spears, Claimant-Appellant, George Curtis Spears, Claimant.

United States Court of Appeals, Eleventh Circuit.

June 18, 1991.

Attorney(s) appearing for the Case

Ronald E. Jones, West Palm Beach, Fla., for claimant-appellant.

Alan Dagen, Ft. Lauderdale, Fla., Linda Collins Hertz, Lynne W. Lamprecht, Jeanne M. Mullenhoff, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before HATCHETT, CLARK and DUBINA, Circuit Judges.

HATCHETT, Circuit Judge:

In this case of first impression, interpreting 21 U.S.C. § 881(a)(6), we hold that one who knowingly commingles legitimate funds with the funds of a co-investor, where the co-investor's funds are subject to forfeiture, is not an "innocent owner," under the statute, and subjects the legitimate funds to forfeiture.

FACTS

In 1985, Curtis Spears approached his brother Gary with the idea of purchasing a vacant lot and building...

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