United States v. Parcel of Rumson, N. J., Land, 507 U.S. 111, 7 (1993)

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Cite as: 507 U. S. 111 (1993)

Opinion of Stevens, J.

The Court of Appeals refused to limit the innocent owner defense to bona fide purchasers for value because the plain language of the statute contains no such limitation,6 because it read the legislative history as indicating that the term "owner" should be broadly construed,7 and because the difference between the text of § 881(a)(6) and the text of the criminal forfeiture statute evidenced congressional intent not to restrict the civil section in the same way.8

The Court of Appeals also rejected the argument that respondent could not be an innocent owner unless she acquired the property before the drug transaction occurred. In advancing that argument the Government had relied on the "relation back" doctrine embodied in § 881(h), which provides that "[a]ll right, title, and interest in property described in subsection (a) of this section shall vest in the United States upon commission of the act giving rise to forfeiture under this section." The court held that the relation back doctrine applied only to "property described in subsection (a)" and that the property at issue would not fit that description if respondent could establish her innocent owner defense. The court concluded that the Government's interpretation of § 881(h) "would essentially serve to emasculate the innocent owner defense provided for in section 881(a)(6). No one ob-6 "Despite the appeal of this analysis, the plain language of the innocent owner provision speaks only in terms of an 'owner' and in no way limits the term 'owner' to a bona fide purchaser for value." 937 F. 2d 98, 101 (CA3 1991).

7 "Furthermore, in United States v. Parcel of Real Property Known as 6109 Grubb Road, 886 F. 2d 618 (3d Cir. 1989), we determined, after reviewing the legislative history of section 881(a)(6), that 'the term "owner" should be broadly interpreted to include any person with a recognizable legal or equitable interest in the property seized.' Id. at 625 n. 4 (quoting 1978 U. S. Code Cong. & Admin. News at 9522-23)." Id., at 101-102.

8 "Moreover, as the district court pointed out, the criminal forfeiture statute, section 853, is explicitly limited to bona fide purchasers for value, while in section 881 Congress omitted such limiting language. We believe that such a difference was intended by Congress." Ibid.

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