Wilson v. U.S.

Dist. Ct. did not err in dismissing plaintiff’s action, seeking to set aside under Rule 41(g) civil forfeiture of $33,783 that government had seized from plaintiff, where DEA agent believed that said money was proceeds from illegal drug activity. DEA sent required notice of forfeiture that provided plaintiff with deadline to contest said seizure. Plaintiff’s attorney sent wrong from, i.e. petition for remission, prior to said deadline, but realized mistake only five months after deadline had expired. Plaintiff filed instant action after DEA refused to return money. However, plaintiff could not use Rule 41(g) to request return of seized money since Rule 41(g) applies only prior to initiation of forfeiture proceedings, and forfeiture proceedings had been initiated by time instant lawsuit had been filed. Also, section 983(e) of CAFRA is exclusive statutory remedy for seeking to set aside declaration of forfeiture, but plaintiff could not use CAFRA, where plaintiff did not challenge sufficiency of notice she received from DEA.