DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
132018P.pdf 05/02/2014 United States v. Terri Buczkowski
U.S. Court of Appeals Case No: 13-2018
and No: 13-2050
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Melloy, Author, with Wollman and Bye, Circuit Judges]
Civil case - Forfeiture. Where the government sought to forfeit properties
based on allegations they were used for the manufacture of drugs or had
been purchased with drug proceeds, the court's order granting the
government's motion to strike their claims would be reviewed de novo
because the district court interpreted the applicable civil forfeiture
notice provisions of Supplemental Rule G(4) in making its decision; the
government knew that the estate of Betty Mariani reasonably appeared to be
a potential claimant for the properties and it was required, therefore, to
give the estate direct notice of the proceedings; since the government did
not comply with the notice requirements, it was error for the district
court to find the claims were untimely, and the matter is remanded for
further proceedings; with respect to the government's argument that
claimants had actual notice, it could not be reasonable inferred from an
email that claimants knew not only the existence of the proceedings but
also the relevant deadlines, and the court would not impute actual notice
based on this communication.