United States v. One hundred sixty-five thousand five hundred eighty dollars ($165,580) in U.S. currency
I. Statement of the facts
During the deep winter in Maine, the St. John River, which forms the border with Canada, freezes over as it flows through the town of Van Buren. This river is transformed into a pathway, suitable for travel by foot or by snowmobile; to avoid U.S. Customs, this river becomes an opportunity for illegal entry into the United States. Typically, smuggling consists of drugs being brought into the U.S. and cash headed for Canada. On February 4, 2005 two senior patrol agents saw a snowmobile driving up the railroad tracks, which later revealed the driver had illegally entered Canada. About 25 minutes after the discovery of the railroad tracks, two railroad workers, Mr. Madore and Mr. LaPointe, reported to the agents that they had found a black duffle bag in some bushes on the north side of the tracks that contained a large amount of U.S. currency. The agents took custody of the bag. The next day, a drug-sniffing dog gave positive alert on the bag for the scent of drugs. On March 1, 2006, the Government filed a complaint in a federal district court against the $165,580 under the federal statues that provide for the forfeiture of funds and property involved in illegal drug deals as well as the forfeiture of unreported cash being transported out of the United States. Madore and LaPointe filed answers.
II. Issue
Are LaPointe and Madore entitled to claim the title on the lost property?
III. Rule of Law
33 Maine revised statutes annotated section 1051: Whoever finds lost money or goods of the value of $3 or more shall, if the owner is unknown, within 7days give notice thereof in writing to the clerk of the town where the money or goods are found and post a notification thereof in some public place in said town. If the value is $10 or more, the finder, in addition to the notice to the town clerk and the