Supreme Court of the United States

Republic National Bank of Miami v. United States

December 14, 1992506 U.S. 80

Summary

The Court held that transferring cash representing the res in an in rem civil-forfeiture action from the district does not divest the Court of Appeals of jurisdiction. It further held that the funds remained reachable if the claimant prevailed, so the appeal was not moot and a favorable judgment would not be useless. The Court reversed the dismissal of the appeal and remanded for further proceedings. Justice White, Justice Stevens, and Justice Thomas wrote separate concurring opinions addressing whether the Court should decide, and how it should resolve, the Appropriations Clause issue; the Chief Justice separately concurred in part and in the judgment, relying on existing appropriations to support return of the funds.

Holding

  • Effect of removing the res on appellate jurisdiction. In an in rem civil-forfeiture action, the Court of Appeals is not divested of jurisdiction merely because the prevailing party transfers the res from the district after jurisdiction has attached.
  • Mootness and the effect of depositing the proceeds in the Treasury. The transfer of the forfeiture proceeds to the Treasury did not make the appeal moot or render a favorable judgment useless because the funds could be returned if the Bank were ultimately adjudged entitled to them.

Docket 91-767

Cited authorities