United States v. One 1940 Packard Coupe, 6302.

• Decision Date: 07 February 1941
• Docket Number: No. 6302.,6302.
• Citation: 36 F. Supp. 788
• Court: U.S. District Court — District of Massachusetts
• Parties: UNITED STATES v. ONE 1940 PACKARD COUPE.

36 F. Supp. 788

UNITED STATES v. ONE 1940 PACKARD COUPE.

No. 6302.

District Court, D. Massachusetts.

February 7, 1941.

Edmund J. Brandon, U. S. Atty., and William J. Koen, Sp. Asst. to U. S. Atty., both of Boston, Mass., for plaintiff.

Sherburne, Powers & Needham and Daniel Needham, all of Boston, Mass., for claimant.

Ralph Marks, of Boston, Mass., for Concetta Santaniello.

McLELLAN, District Judge.

I have no reason to suppose that I shall be able better to decide this controversy by taking it under advisement instead of deciding it now at the conclusion of the trial, while the evidence and the views of counsel as to the applicable law are fresh in my memory.

This is a libel by the United States of America for the forfeiture of a Packard coupe, wherein Concetta Santaniello, the registered owner thereof, and Seaboard Commercial Corporation are claimants. Pertinent to a decision of the controversy is the construction of an Act of Congress of August 9, 1939, appearing in Title 49 U.S. C.A., in several sections numbered 781-788, inclusive. The Act in substance makes it unlawful to transport counterfeit coin in a motor vehicle and provides that a motor vehicle used for that purpose shall be seized and forfeited. The Act provides, however, that no vehicle shall be forfeited for any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner, while such vehicle "was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any State." The Act also says in substance that "all provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of vessels and vehicles for the violation of the customs laws" and for "the remission and mitigation of such forfeiture shall apply to seizures and forfeitures incurred" thereunder, "insofar as applicable and not inconsistent with the provisions" thereof.

The claimant Concetta Santaniello urges that she is an innocent owner of the car, and also that I ought not to find upon the evidence it was being used for the transportation of contraband.

The claimant Seaboard Commercial Corporation asserts in its brief two grounds for its claim, in substance as follows:

1. Possession of the vehicle was obtained in violation of the criminal laws of the Commonwealth of Massachusetts, and accordingly the interest of the claimant was not forfeited by reason of the exemption appearing in 49 U.S.C.A. § 782, reading: "Provided further, That no vessel, vehicle, or aircraft shall be forfeited under the provisions of this Act chapter by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such vessel, vehicle, or aircraft was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any State."

2. Congress did not intend, in the Act of August 9, 1939, 49 U.S.C.A. §§ 781-788, inclusive, to provide for a forfeiture of the interest of an innocent lienor in the circumstances of the claimant.

Findings of Fact

In view of statements, oral and in writing, of Michael Santaniello to an officer of the United States Secret Service and other evidence, I find at the outset that there was reasonable cause to institute the forfeiture proceeding (See U.S.C.A. Title 19, Sec. 1615, as to burden of proof in such a situation.)

On March 24, 1940, officers of the United States Secret Service seized in Revere, Massachusetts, the Packard coupe here involved. On that day, this motor vehicle was being used by one Santaniello, husband of the claimant Concetta Santaniello, for transporting unlawfully counterfeit coins of the United States, and it was for this reason, among others, that it was seized. Incident to the driving of the car by Santaniello, who was then possessed of the counterfeit coins, were other violations of the Act of August 9, 1939, all as alleged in the libel as reasons for forfeiture. The motor vehicle here involved was sold by Main Motor Mart, Inc., to Michael Santaniello or to Concetta Santaniello, his wife. The husband paid $10 towards the purchase price, and there was delivered to the seller another car which was registered in the wife's name. Upon conflicting evidence, I find with hesitation that the car was sold by Main Motor Mart, Inc., to, and became the property of, Concetta Santaniello. Her husband had no title thereto.

When the motor vehicle was sold to Concetta Santaniello, she entered into a "conditional sale contract" with the seller, which included a promissory note for $672, payable to Main Motor Mart, Inc. The provisions for conditional sale...