Cite as: 517 U. S. 820 (1996)
Opinion of the Court
recourse to rules foreclosing consideration of claims on the merits. Pp. 824-829. 47 F. 3d 1511, reversed and remanded.
Kennedy, J., delivered the opinion for a unanimous Court.
Lawrence S. Robbins argued the cause for petitioner. With him on the briefs were Andrew L. Frey, Alan E. Untereiner, and Daniel W. Stewart.
Miguel A. Estrada argued the cause for the United States. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.*
Justice Kennedy delivered the opinion of the Court. In this case we consider whether a United States District Court may strike the filings of a claimant in a forfeiture suit and grant summary judgment against him for failing to appear in a related criminal prosecution. The Court of Appeals for the Ninth Circuit held this to be a proper exercise of the District Court's inherent authority. We reverse.
A federal grand jury in Nevada indicted Brian Degen for distributing marijuana, laundering money, and related crimes. On the same day in 1989 that it unsealed the indictment, the United States District Court for the District of Nevada also unsealed a civil forfeiture complaint. The Government sought to forfeit properties in California, Nevada, and Hawaii, allegedly worth $5.5 million and purchased with proceeds of Degen's drug sales or used to facilitate the sales. 84 Stat. 1276, as amended, 21 U. S. C. §§ 881(a)(6)-(a)(7). An affidavit by an agent of the Drug Enforcement Agency accompanied the complaint and recounted instances of Degen's alleged drug smuggling during the previous 20 years.
*Briefs of amici curiae urging reversal were filed for Public Citizen by Alan B. Morrison and Allison M. Zieve; and for Ghaith R. Pharaon by Richard F. Lawler.
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