U.S. v. APPROXIMATELY $1.67 MILLION (US) IN CASH

No. 05-16614.

513 F.3d 991 (2008)

UNITED STATES of America, Plaintiff-Appellee, Daniel Hartog, Claimant-Appellant, and Victor A. Carbonneau; Total Financial Company Limited; Total Aviation Consultants Ltd., Claimants, v. APPROXIMATELY $1.67 MILLION (US) IN CASH, STOCK, AND OTHER VALUABLE ASSETS HELD BY OR AT: 1) TOTAL AVIATION LDT., Account No. 7092686, Located at Barclays Bank PLC, Grand Cayman, Cayman Islands, British West Indies; 2) Deacon Barclays De Zoete Wedd Limited, Account No. 13603A-2 aka Barclays Private Bank & Trust CM1633, Located at Barclays Private Bank & Trust (Cayman) Limited, Grand Cayman, Cayman Islands, British West Indies; 3) Total Financial Consultants Ltd., Account Reference 310205-633500, Located at the Barclays Private Bank & Trust (Cayman) Limited, Grand Cayman, Cayman Islands, British West Indies; 4) Cashiers Check 11405244-152 in the Amount of $85,000 (US), Drawn at the Royal Bank of Canada, Georgetown, Grand. Cayman, Cayman Islands, British West Indies, on or about March 20, 1995; and 5) Cashiers Check 11405244-141 in the Amount of $21,250 (US) Drawn at the Royal Bank of Canada, Georgetown, Grand Cayman, Cayman Islands, British West Indies, on or about March 17, 1995, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2008.


Attorney(s) appearing for the Case

David A. Nickerson, San Rafael, CA, for the claimant-appellant.

Kevin V. Ryan, United States Attorney, Barbara J. Valliere, Assistant United States Attorney, and Stephanie M. Hinds, Assistant United States. Attorney, San Francisco, CA, for the plaintiff-appellee.

Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.


WARD LAW, Circuit Judge:

Daniel Den Hartog, a twice-convicted drug smuggler and trafficker who had on deposit in certain Cayman Island bank accounts $1.67 million in alleged drug trafficking proceeds, appeals the grant of summary judgment in favor of the United States in its civil forfeiture action filed in the United States District Court for the Northern District of California. We must decide whether (1) the district court applied the correct jurisdictional standard...

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