What is the current state of the law on the issue of insufficient claims due to the absence of the cost bond?
MultiRegion, United States of America
The following excerpt is from U.S. v. Castro, 78 F.3d 453 (9th Cir. 1996):
3 The only published opinion to date that addresses the issue of an insufficient claim due to the absence of the cost bond is United States v. Muth, 896 F.Supp. 196, 198 (D.Or.1995) (holding that jeopardy did not attach where the property was administratively forfeited under 21 U.S.C. 881(a)(6) because a defendant who files a timely claim without the requisite cost bond "is in the same position as someone who failed to file a claim at all").
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