U.S. v. ROUTE 2, BOX 472, 136 ACRES MORE OR LESS

No. 94-8158.

60 F.3d 1523 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. ROUTE 2, BOX 472, 136 ACRES MORE OR LESS, Land Lying And Being In Land Lot 221 Of The 18th District, 1st Section, Towns County, Georgia with mailing address Route 2, Box 472, Hiawassee, Georgia, Defendant, Dyer's Trout Farms, Inc., Claimant-Appellant, North Georgia Farm Credit, ACA Federal Credit Bank of Columbia, Claimants.

United States Court of Appeals, Eleventh Circuit.

August 11, 1995.


Attorney(s) appearing for the Case

John R. Martin, Martin Brothers, P.C., Atlanta, GA, Douglas W. McDonald, Sr., P. Gerald Cody, Jr., McDonald & Cody, P.C., Cornelia, GA, for appellant.

J. Douglas Stewart, Stewart, Melvin & House, Gainesville, GA, for North Georgia Farm Credit.

Kent Alexander, U.S. Atty., Janice Jenkins Treu, Asst. U.S. Atty., Atlanta, GA, for appellee.

Before BIRCH and DUBINA, Circuit Judges, and CLARK, Senior Circuit Judge.


CLARK, Senior Circuit Judge:

I. Introduction

The issue to be decided in this case is whether an officer and majority shareholder's criminal activity is imputable to a corporation so as to deny the corporation an "innocent owner" defense in a forfeiture action. Today, we hold that where a corporate employee engages in criminal activity outside the scope of his employment, with no benefit accruing to the corporation, and such activity was without the knowledge...

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