United States of America, (95-6579 97-5016) v. $515,060.42 in United States Currency, Ralph E. White E.M. Jellinek Center, Inc., Claimants-Appellees. United States of America, Plaintiff-Appellee/cross-Appellant (96-6175) v. $515,060.42 in United States Currency Virginia Hurst, Ralph E. White E.M. Jellinek Center, Inc., Claimants-Appellants (96-6057)/cross-Appellees
152 F.3d 491 | Court of Appeals for the Sixth Circuit | 1998
What This Case Means for Subcontractors
The government seized $515,060 in currency from a bingo operation investigation but failed to file a civil forfeiture case within five years of discovering the illegal activity. The court ruled the case was barred by the statute of limitations and dismissed it. For construction subcontractors, this reinforces that government agencies must follow strict deadlines when seizing assets—delays can result in loss of claims and return of funds.
Key Takeaways
- •The five-year statute of limitations for civil forfeiture begins when the government discovers the offense, not when the seizure occurs. Missing this deadline means losing the case entirely.
- •Keep detailed records of when government agencies discover violations or seize assets. This date triggers the clock on their legal action deadline.
- •If your company's assets are seized, track the discovery date carefully and challenge any forfeiture action filed after five years have passed.
The Government discovered the offenses by September 1988, so the statute of limitations expired in fall 1993.
Frequently Asked Question
How long does the government have to file a civil forfeiture case after seizing my company's money?
The government has five years from the date it discovers the illegal activity to file a civil forfeiture action. If they miss this deadline, the case gets dismissed and the seized funds must be returned. The clock starts on discovery, not on the seizure date itself.
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