5. Claimant contends that the car was partially paid for with the proceeds of two loans made by Thomas Esposito, one of the claimant's other sons. Approximately $10,000 of the purchase price was allegedly paid this way. The money was borrowed from the Boeing Vertol Employees Credit Union and listed the claimant as co-maker. The first loan was made on October 24, 1980 for $6,700.00. After a default on this loan, it was refinanced in the amount of $6,108.54. The second loan was made on September 4, 1981, for $2,500.00. Claimant contends that the remainder of the purchase price was paid for out of his personal funds.
6. On September 17, 1981, claimant purchased a 1979 Oldsmobile for $6,610.00 also from Estate Datsun. Claimant and his wife each receive approximately $400.00 per month from social security. Their only other income is $500.00 per month in rent from a property located at 1846 South McKeon Street, Philadelphia, Pennsylvania.
7. The Datsun was kept at the claimant's home and was driven at times by different family members. However, the claimant has never driven the car.
8. Esposito has his own set of keys to the Datsun and it is referred to by his family members as "Joey's car." Esposito did not need permission to use the car -- he could drive it at any time.
9. Pursuant to an on-going investigation, a DEA agent, posing as a chemical broker, met with Esposito in early March to discuss the sale of a quantity of P2P. On March 14, 1982, Esposito and Agent Miller met to discuss the terms of the deal. Esposito agreed to buy five gallons of P2P for $30,000 the next day. He remarked at that time that selling methamphetamine had been very lucrative, noting that he had bought everyone in his family a car, including "his" Datsun 280ZX.
10. On March 15, 1982, they met at the Sheraton Hotel in King of Prussia. Agent Miller entered the Datsun, wanting to see the money with which Esposito intended to purchase the P2P. Seeing a large quantity of $100 bills, Miller asked Esposito to drive him to his car so they could consummate the sale. Sometime after Miller alighted from the Datsun, other vehicles containing agents attempted to surround the Datsun. Esposito drove off and a chase ensued, during which Esposito threw money out of the window.
11. The Datsun was found abandoned in the King of Prussia Mall parking lot. Esposito was later found in a clothing store.
12. No drugs were found in the vehicle. Esposito was never arrested or prosecuted for the attempted drug purchase.
As a threshold issue, claimant argues that the government did not have the requisite probable cause for the forfeiture. In support of this argument, he points to the fact that no drugs were found in the car, that the sale was never consummated and that a prosecution was never brought relative to this transaction. However, these factors indicate that the claimant is not contending that the DEA agents lacked probable cause
for suspecting that Esposito used the Datsun to aid in a drug sale. Rather, claimant is alleging that the car did not have sufficient nexus with the transaction so as to make the statute applicable. This argument misperceives the nature of section 881, the forfeiture statute invoked by the government.
In an attempt to deter widespread drug trafficking, Congress enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801, et seq. (1976). Section 881 of the Act, a broad forfeiture provision, provides in pertinent part:
(a) The following shall be subject to forfeiture to the United States and no property right shall exist in them:
(1) All controlled substances. . . .