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U.S. v. ELGERSMA

Nos. 89-3926, 89-3934.

929 F.2d 1538 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Edwin ELGERSMA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 29, 1991.

Attorney(s) appearing for the Case

Lawrence E. Besser, Miami, Fla., for defendant-appellant.

Joseph K. Ruddy, Patricia A. Kerwin, Asst. U.S. Attys., Tampa, Fla., for plaintiff-appellee.

Before KRAVITCH and ANDERSON, Circuit Judges, and ATKINS, Senior District Judge.

KRAVITCH, Circuit Judge:

The proper burden of proof in a forfeiture action following a conviction on drug and continuing criminal enterprise violations is the principal issue of this appeal. Appellant argues that criminal forfeiture, as any criminal charge, must be proven beyond a reasonable doubt. The government contends that a preponderance of the evidence standard suffices. We agree with appellant, but affirm the convictions...

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