See US v. PROPERTY, PARCEL OF AGUILAR, No. 00-6312 (2d Cir. July 28, 2003)
at
http://caselaw.lp.findlaw.com/data2/circs/2nd/006312p.pdf
In summary:
"The principal issue in this appeal is the
constitutionality of the civil forfeiture procedures in effect
prior to enactment of the Civil Asset Forfeiture Reform Act
(“CAFRA”).1 The law prior to CAFRA allowed the government to
seize property on a mere showing of probable cause and then
placed the burden of proof on the claimant to show by a
preponderance of the evidence that the property was not
subject to forfeiture. Following this pre-CAFRA procedure,
the government seized three properties owned by appellant
Francisco Aguilar and commenced civil forfeiture proceedings
in the United States District Court for the District of
Connecticut (Burns, J.). A jury subsequently found the
properties forfeitable and the district court entered judgment
for the government. For reasons stated below, we affirm the
district court."
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