U.S. v. One 18th Century Colombian Monstrance, 85-2643
| Citation | 802 F.2d 837 |
| Decision Date | 22 October 1986 |
| Docket Number | No. 85-2643,85-2643 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. ONE 18TH CENTURY COLOMBIAN MONSTRANCE Known as the Keeper of the Host of Santa Clara 11.3 Troy Pounds of Gold with Approximately 1,500 Precious and Semi-Precious Stones and Pearls, Defendant, James W. Newton, Claimant-Appellant. |
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Seagal V. Wheatley, Oppenheimer, Rosenberg, Kelleher & Wheatley, Leo O. Bacher, Jr., San Antonio, Tex., for claimant-appellant.
James F. Fitzpatrick, Arnold & Porter, Edward L. Wolf, Washington, D.C., for amicus-Amer. Ass'n of Dealers in Ancient, Oriental and Primitive Art.
Pamela Ann Mathy, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., John F. Paniszczyn, Asst. U.S. Atty., San Antonio, Tex., for USA.
Robert E. Goodfriend, Dallas, Tex., William T. McCue, New York City, A. Lauren Carpenter, Donald R. Taylor, San Antonio, Tex., for Republic of Columbia.
Appeal from the United States District Court for the Western District of Texas.
Before RUBIN, POLITZ, and JOHNSON, Circuit Judges.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
In Newton's petition for rehearing, he takes the position that he is entitled to require, or that the district court must sua sponte require, the Government to demonstrate probable cause for the forfeiture before examining his standing to raise that question. This puts the cart before the horse. In order to contest the forfeiture of the Monstrance to the United States under 18 U.S.C. Sec. 545, Newton must first establish that he has standing. There is no case or controversy, in the constitutional sense, absent a dispute between parties who have a real interest in its resolution. 1 Even assuming, as the panel did, that Newton made his contract concerning the Monstrance innocently and in complete good faith, to establish standing. Newton must show at least a facially colorable claim to an ownership interest in the work.
Newton continues to insist that he possesses either a legal or an equitable ownership interest in the Monstrance or some sort of right arising out of physical possession that accords him standing. As we held in our previous decision, however, Newton has been unable to establish a facially colorable ownership interest of either a legal or equitable nature, and mere physical possession is not sufficient to confer standing to contest forfeiture. Any presumption of ownership he enjoyed due to the fact that the Monstrance was seized from his possession was overcome by the clear meaning of the contracts he and Uhart signed. Newton's...
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