96
White, J., concurring
the entry of judgment for the claimant in any proceeding to . . . forfeit property seized under any Act of Congress, such property shall be returned forthwith to the claimant or his agent." Although § 2465 speaks of forfeitable "property" and not public money, the property subject to forfeiture in this case has been converted to proceeds now resting in the Assets Forfeiture Fund of the Treasury. I see no reason why § 2465 should not be construed as authorizing the return of proceeds in such a case. Therefore, I would hold that 31 U. S. C. § 1304, together with 28 U. S. C. § 2465, provide the requisite appropriation.
Because I believe there exists a specific appropriation authorizing the payment of funds in the event petitioner were to prevail in the underlying forfeiture action, I agree with Justice Blackmun that a judgment for petitioner below would not be "useless." Accordingly, I concur in the judgment of the Court.
Justice White, concurring.
I agree with Parts I, II, and IV of the Court's opinion but would prefer not to address the Appropriations Clause issue.
As Justice Blackmun indicates, ante, at 89, the Government argues that because the Appropriations Clause bars reaching the funds transferred to the Treasury's Assets Forfeiture Fund, the case is either moot or falls into the useless judgment exception to appellate in rem jurisdiction. I am surprised that the Government would take such a transparently fallacious position. The case is not moot and a ruling by the Court of Appeals would not be a useless judgment. Had the funds not been transferred to Washington, the Court of Appeals, if it thought the District Court had erred in rejecting the Bank's innocent-owner defense, would have been free to reverse the lower court, direct that the Bank be paid out of the res, and to that extent rule against the United States' forfeiture claim. The United States does not ques-
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