Cite as: 507 U. S. 111 (1993)
Syllabus
phrase "property described in subsection (a)." Rather, the result reached in this case is correct because § 881(h) is best read as an expression of the traditional relation-back doctrine, which is a doctrine of retroactive vesting of title that takes effect only upon entry of the judicial order of forfeiture or condemnation. Under the alternative reading— that § 881(h) provides for immediate, undecreed, secret vesting of title in the United States at the time of the illegal transaction—either the plain language of § 881(a)(6)'s innocent-owner provision must be slighted or the provision must be deprived of all effect. Additionally, the traditional relation-back principle is the only interpretation of § 881(h) that makes sense within the structure of the applicable customs forfeiture procedures, under which the Government does not gain title until there is a forfeiture decree, and provides the only explanation for the textual distinction between § 881(a)(6)'s innocent "owner" and § 853's innocent "transferee" provisions. Pp. 131-138. 2. There is no proper basis for the plurality's conclusion that respondent has assumed the burden of proving that she had no knowledge of the alleged source of Brenna's gift when she received it, as opposed to when the illegal acts giving rise to forfeiture occurred. The issue of what is the relevant time for purposes of determining lack of knowledge is not fairly included in the question on which the Court granted certiorari, and the Court need not resolve it. Pp. 138-139.
Stevens, J., announced the judgment of the Court and delivered an opinion, in which Blackmun, O'Connor, and Souter, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, post, p. 131. Kennedy, J., filed a dissenting opinion, in which Rehnquist, C. J., and White, J., joined, post, p. 139.
Amy L. Wax argued the cause for the United States. With her on the briefs were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Roberts, and David T. Shelledy.
James A. Plaisted argued the cause for the respondents. With him on the briefs was Shalom D. Stone.*
*Briefs of amici curiae urging affirmance were filed for the American Bankers Association by John J. Gill III and Michael F. Crotty; for the American Land Title Association et al. by David F. B. Smith; and for the Federal Home Loan Mortgage Corp. by Diane Marshall Ennist.
Robert A. Ginsburg and Thomas W. Logue filed a brief for the Dade County Tax Collector et al. as amici curiae.
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