Bailee
When asserting the innocent owner defense, the term “owner” presumptively does not include a bailee, unless the bailor is identified and shows a colorable legitimate interest in the property seized. § 983(d)(6)(B)(ii). The term “owner” excludes “a nominee who exercises no dominion or control over the property.” 18 U.S.C. § 983(d)(6)(B)(iii).
For these reasons, the Federal Rules of Civil Procedure Supplemental Rules require that any “claim filed by a person asserting an interest as a bailee must identify the bailor, and if filed on the bailor’s behalf must state the authority to do so.” Fed. R. Civ. P. Suppl. R. G(5)(a)(iii).
In $11,500.00 in United States Currency, 710 F.3d at 1011, the court found that “the bailor identification requirement in Rule G(5)(a)(iii) applies to a claimant who asserts an interest as a bailee of contested property, even if he had not described himself as a bailee on his claim form.” The court might find the claimant has no statutory standing if they fail to identify the purported bailor and to state the authority to file the claim on the bailor’s behalf. See e.g. $11,500.00 in United States Currency, 710 F.3d at 1011-13.
Once a claimant files a claim, “[t]he government may serve special interrogatories limited to the claimant’s identity and relationship to the defendant property without the court’s leave at any time after the claim is filed and before discovery is closed.” Fed. R. Civ. P. Suppl. R. G(6)(a).
These special interrogatories permit the government to inquire into any matter necessary to test the veracity of the claimant’s claim of ownership and standing. United States v. $133,420.00 in United States Currency, 672 F.3d 629, 642-43 (9th Cir. 2012). “If the claimant asserts a relationship to the property as bailee, the interrogatories can inquire into the bailor’s interest in the property and the bailee’s relationship to the bailor.” Fed. R. Civ. P. Suppl. R. G., advisory committee’s note to 2006 amendment.
Attorney for the Bailee in a Civil Asset Forfeiture
If you where acting as the bailee when property was seized, seek out the services of a civil asset forfeiture lawyer who can explain the process. In some cases, the bailee might decide to file a verified claim to challenge the forfeiture action on behalf of the bailor who owns the property.
Our attorneys can help you file a claim showing the bailment agreement and present evidence showing you are authorized to file the claim on the bailor’s behalf as required by Fed. R. Civ. P. Suppl. R. G(5)(a)(iii).
We can help you undertand the pros and cons of having either the bailor or the bailee or both file the vertified claim.
For more information, call 813-250-0500.
This article was last updated on Thursday, September 11, 2025.
