Republic Nat. Bank of Miami v. United States, 506 U.S. 80, 7 (1992)

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Cite as: 506 U. S. 80 (1992)

Opinion of the Court

of the property. With court approval, the residence was sold for $1,050,000. The sale proceeds were retained by the marshal pending disposition of the case. See App. 6, n. 2.

After a trial on the merits, the District Court entered judgment denying the Bank's claim with prejudice and forfeiting the sale proceeds to the United States pursuant to § 881(a)(6). Id., at 25. The court found probable cause to believe that Iglesias had purchased the property and completed the construction of the residence thereon with drug profits. It went on to reject the Bank's innocent-owner defense to forfeiture. United States v. One Single Family Residence Located at 6960 Miraflores Avenue, Coral Gables, Florida, 731 F. Supp. 1563 (SD Fla. 1990).2 Petitioner Bank filed a timely notice of appeal, but did not post a supersedeas bond or seek to stay the execution of the judgment.

Thereafter, at the request of the Government, the United States Marshal transferred the proceeds of the sale to the Assets Forfeiture Fund of the United States Treasury. The Government then moved to dismiss the appeal for want of jurisdiction. App. 4.

The Court of Appeals granted the motion. 932 F. 2d 1433 (CA11 1991). Relying on its 6-to-5 en banc decision in United States v. One Lear Jet Aircraft, Serial No. 35A-280, Registration No. YN-BVO, 836 F. 2d 1571, cert. denied, 487 U. S. 1204 (1988), the court held that the removal of the proceeds of the sale of the residence terminated the District Court's in rem jurisdiction. 932 F. 2d, at 1435-1436. The court also rejected petitioner Bank's argument that the District Court had personal jurisdiction because the Government had served petitioner with the complaint of forfeiture. Id., at 1436-1437. Finally, the court ruled that the Govern-2 The Government also had argued that the "relation-back" doctrine precluded the Bank from raising an innocent-owner defense. See 731 F. Supp., at 1567. That issue is pending before this Court in No. 91-781, United States v. A Parcel of Land, Rumson, N. J., argued October 13, 1992.

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