A claimant must have standing to proceed with his claim for property seized for forfeiture. Otherwise, the government may move to strike a claim or answer under Fed. R. Civ. P. Suppl. R. G(8)(c)(i) for:
- failing to comply with Rule G(5) or (6); or
- the claimant’s lack of standing.
Under Fed. R. Civ. P. Suppl. R. G(8)(c)(ii)(B), the government’s motion to strike the claimant for failing to carry its burden of establishing standing by a preponderance of the evidence may be presented as:
- a motion for judgment on the pleadings; or
- as a motion to determine after a hearing or by summary judgment,
The 2006 Advisory Committee Notes explain these procedures for addressing claim standing:
If a claim fails on its face to show facts that support claim standing, the claim can be dismissed by judgment on the pleadings. If the claim shows facts that would support claim standing, those facts can be tested by a motion for summary judgment. If material facts are disputed, precluding a grant of summary judgment, the court may hold an evidentiary hearing. The evidentiary hearing is held by the court without a jury. The claimant has the burden to establish claim standing at a hearing; procedure on a government summary judgment motion reflects this allocation of the burden.
Fed. R. Civ. P. Suppl. R. G(8)(c)(ii)(B), advisory committee’s note to 2006 amendment.
Standing must be determined as a threshold matter. A claimant in a civil forfeiture case must establish both constitutional standing and statutory standing. A claimant may satisfy the requirement of statutory standing by filing a claim under Fed. R. Civ. P. Suppl. R. G(5).
Fed. R. Civ. P. Suppl. R. G(5) requires the claim to:
- identify the specific property claimed;
- identify the claimant and state the claimant’s interest in the property by making clear whether he is asserting a possessory interest, an ownership interest, or another type of proprietary interest.
Under Fed. R. Civ. P. Suppl. R. G(5)(a)(iii), if the claimant intends to assert a possessory interest as a bailee, he must identify the bailor by name, and if filed on the bailor’s behalf, state the authority to do so.
Attorney for Standing in Civil Asset Forfeiture Cases
An experienced civil asset forfeiture attorney can help you establish standing to challenge the civil asset forfeiture complaint. In civil forfeiture actions, a claimant must have both constitutional and statutory standing to challenge a complaint.
The attorneys at Sammis Law Firm focus on civil asset forfeiture cases in Florida and throughout the county. We have successfully taken these cases to trial and up on appeal. We understand the best ways to contest the seizure.
Call 813-250-0500 today.
Constitutional Standing in a Civil Asset Forfeiture Case
“An allegation of ownership, coupled with some evidence of ownership, is sufficient to establish constitutional standing to contest a forfeiture.” United States v. $20,000 in United States Currency, 589 F. Supp. 3d 240, 249 (D.P.R. 2022) (Besosa, J.) (alterations omitted) (citing United States v. United States Currency, 189 F.3d 28, 35 (1st Cir. 1999)).
Constitutional standing refers to whether the claimant can demonstrate “a sufficient interest in the property to create a ‘case or controversy'” pursuant to Article III of the Constitution. United States v. $14,000.00 United States Currency, No. 19-CV-153S, 2020 U.S. Dist. LEXIS 63510, 2020WL 1815756, at *2 (W.D.N.Y Apr. 10, 2020) (citing United States v. 4492 S. Livonia Rd., 889 F.2d 1258, 1262 (2d Cir. 1989).
To show that he has constitutional standing, a claimant must allege:
- an injury in fact;
- that is fairly traceable to the challenged conduct of the defendant; and
- that can likely be redressed by a favorable decision.
To establish constitutional standing in a civil forfeiture action, “a claimant must demonstrate an ownership or possessory interest in the seized property” and accompany their claim of ownership with “some evidence of ownership.” United States v. $92,550 United States Currency, No. 22-CV-0957V(Sr), 2023 U.S. Dist. LEXIS 128668, 2023 WL 6006378, *2 (W.D.N.Y. July 25, 2023) (citations omitted), report and recommendation adopted, No. 22-CV-957-LJV-HKS, 2023 U.S. Dist. LEXIS 156544, 2023 WL 6557701 (W.D.N.Y. Sept. 5, 2023).
“At the initial stages of intervention, the requirements [for constitutional standing] are not arduous and typically any colorable claim on the defendant property suffices.” United States v. $8,440,190.00 in U.S. Currency, 719 F.3d 49, 57 (1st Cir. 2013). For example, in Ahmed v. Rosenblatt, 118 F.3d 886, 890 (1st Cir. 1997), the court reasoned: “Our judicial system zealously guards the attempts of pro se litigants on their own behalf. We are required to construe liberally a pro se complaint and may affirm its dismissal only if a plaintiff cannot prove any set of facts entitling him or her to relief.”
Statutory Standing in a Civil Asset Forfeiture Case
“Statutory standing is satisfied by simply complying with the procedures and deadlines for filing a claim set out in Supplemental Rule G.” Id. (citing United States v. Letter from Alexander Hamilton to the Marquis De Lafayette, 15 F.4th 515, 521 (1st Cir. 2021)) (internal quotation marks omitted).
Statutory standing is satisfied by compliance with the procedures and deadlines for filing a claim set out in Supplemental Rule G. First, a person with a potential interest in the property subject to forfeiture must file a claim in the court where the action is pending. Supplemental Rule G(5)(A)(i). The claim must:
- identify the specific property claimed;
- identify the claimant and state the claimant’s interest in the property;
- be signed by the claimant under penalty of perjury; and
- be served on the government attorney.
Id. The claim must also be filed within the time indicated in the notice to potential claimants sent by the government under Supplemental Rule G(4) (b). See Supplemental Rule G(5) (a) (ii)(A).
Statutory standing refers to “whether [a claimant] has a cause of action under the [relevant] statute.” United States v. Starling, 76 F.4th 92, 101 n. 4 (2d Cir. 2023) (quoting Lexmark Int’l, Inc. v. Static Control Components, Inc., 572 U.S. 118, 134 S. Ct. 1377, 188 L. Ed. 2d 392 (2014).
To show that he has statutory standing in a civil forfeiture action, a claimant must comply with the procedural requirements of Supplemental Rule G(5) and CAFRA. Vazquez-Alvarez, 760 F.3d at 197.
In $92,550 United States Currency, 2023 U.S. Dist. LEXIS 128668, 2023 WL 6006378, at *2, the court found that “statutory standing requires the claimant to comply with the jurisdictional procedural requirements set forth in [CAFRA] and the Supplemental Rules” (citing 4492 S. Livonia Rd, 889 F.2d at 1262; United States v. Premises & Real Prop. with All Bldgs., 116 F. Supp. 3d 190, 192-93 (W.D.N.Y. 2015).
This article was last updated on Wednesday, December 31, 2025.
