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U.S. v. 144,774 POUNDS OF BLUE KING CRAB

No. 03-36006.

410 F.3d 1131 (2005)

UNITED STATES of America, Plaintiff-Appellee, Deep Sea Fisheries Inc; Deep Sea Harvester, Inc., Claimants-Appellants, and John R. Boggs, President Deep Sea Fisheries Inc.; Global Fishing Inc, a Washington Corporation; Kamchatcomagroprombank, a Russian Chartered Bank, Claimants, v. 144,774 POUNDS OF BLUE KING CRAB, more or less, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2005.

Attorney(s) appearing for the Case

John M. Colvin, Chicoine & Hallett, P.S., Seattle, WA, for the claimants-appellants.

John McKay, Peter O. Mueller, and Richard E. Cohen, United States Attorney's Office, Seattle, WA, for the plaintiff-appellee.

Before WALLACE, SILVERMAN, and PAEZ, Circuit Judges.

SILVERMAN, Circuit Judge.

King crab taken in violation of Russian fishing regulations is subject to forfeiture under the Lacey Act, 16 U.S.C. § 3374(a), on a strict liability basis. The question before us is whether an importer of such crab may assert an "innocent owner defense" in forfeiture proceedings. Under the Civil Asset Forfeiture Reform Act, 18 U.S.C. § 983, the innocent owner defense cannot be asserted when the property to be forfeited is "contraband...

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