2228

Seized Cash

The co-mingling of cash seized by the government under 21 U.S.C. §  881(a)(6) will not deprive the court of jurisdiction over the res. Unlike other assets seized by the government (e.g., real property, conveyances), cash is a fungible item. Its character is not changed merely by depositing it with other cash. While it is true that the jurisdiction of the court is derived entirely from its control over the defendant res, court jurisdiction does not depend upon control over specific cash. As stated in United States v. $57,480.05 United States Currency and Other Coins and $10,575.00 United States Currency, 722 F.2d 1459 (9th Cir. 1984), ". . .jurisdiction did not depend upon control over specific bits of currency. The bank credit of fungible dollars constituted an appropriate substitute for the original res." This has been a time-honored practice in the area of civil forfeiture law. See American Bank of Wage Claims v. Registry of the District Court of Guam, 431 F.2d 1215 (9th Cir. 1970.) [cited in USAM 9-111.600]