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COMMONWEALTH v. FOURTEEN THOUSAND TWO HUNDRED DOLLARS

421 Mass. 1 (1995)

COMMONWEALTH vs. FOURTEEN THOUSAND TWO HUNDRED DOLLARS.

Supreme Judicial Court of Massachusetts, Hampden.

July 27, 1995.

Attorney(s) appearing for the Case

Judy Zeprun Kalman, Assistant District Attorney, for the Commonwealth.

James Mitchell Smith for the claimant.

Present: LIACOS, C.J., WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.

O'CONNOR, J.

The Commonwealth brought this action in 1988 under G.L.c. 94C, § 47 (d) (1988 ed.), seeking forfeiture of $14,200 alleged to have been "used, or ... intended to be used in the procurement, manufacturing, compounding, processing, delivery or distribution of" a controlled substance or to have been "the proceeds of a sale of a controlled substance." In 1988, G.L.c. 94C, § 47 (d), required the Commonwealth to prove "all material facts...

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