specific Findings of Fact preceding this discussion.
Conclusions of Law
The Government established probable cause to initiate this forfeiture action -- that is, probable cause to believe that there were drug transactions and that proceeds from said transactions were invested in defendant properties.
The Government having done so, the burden of proof shifted to the claimant to prove by a preponderance of the evidence that defendant properties are not forfeitable, that is, that they were not purchased with drug proceeds.
Claimant established by a preponderance of the evidence that his one-third interest in liquor license R-19233, owned by Abby's Bar, Inc., is not forfeitable.
Claimant established by a preponderance of the evidence that a 32% interest in liquor license R-19229, owned by Jamill, Inc., is not forfeitable. The Government is entitled to a 68% inchoate interest in his share of said license.
Claimant has established by a preponderance of the evidence that $248,000 of the sale proceeds of McNally's is not forfeitable. Claimant's one-third interest in the proceeds in excess of $248,000 is forfeitable.
Claimant is not an "innocent owner" within the meaning of 21 U.S.C. § 881(a)(6).
Section 881(a)(6) is not in violation of Art. III, § 3, cl. 2, which prohibits forfeiture of estates.
Section 881(a)(6) is civil and remedial and does not violate any of claimant's Fourth, Fifth or Sixth Amendment rights.
AND NOW, this 4th day of April, 1986, in accordance with the foregoing Findings of Fact and Conclusions of Law, it is ORDERED that Judgment is entered in favor of defendants.
Re: Claim of George Leiby Pursuant to Rule 54(b)
AND NOW, this 4th day of April, 1986, in accordance with the foregoing Findings of Fact and Conclusions of Law, it is ORDERED that:
1. Claimant's interest in Liquor License No. R-19233 owned by Abby's Bar, Inc. is not subject to foreclosure and claimant's interest therein is adjudged free of any lien at said forfeiture.
2. Claimant's interest at the time of seizure in Liquor License No. 19229 owned by Jamill, Inc. to the extent of 68% of its value is subject to forfeiture; title, possession and control thereof is transferred to the United States.
3. Claimant's interest in the proceeds of sale which have been or will be deposited into the court's interest-bearing escrow account are subject to forfeiture and title, possession and control thereof is transferred to the United States subject to the payment of remaining expenses and/or liabilities of the corporation in accordance with the agreement of the parties herein.
4. The court directs the entry of a final judgment as to the claim of George Leiby, upon determination that there is no just reason for delay.