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In re United States Currency in the Amount of 2612/21/2000
dibility. On the other hand, the state produced not only the evidence described above, but, through the expert testimony of an experienced narcotics investigator, related the evidence to known patterns of drug tr afficking between Tucson and New York, explained that use of fictitious senders and elaborately packaged cash were hallmarks of "drug money," and established that this was the Gilberts' third time defending a forfeiture of a large amount of undocumented cash under allegations of drug trafficking.
Further more, by Gilbert's own admission, at least $5,000 of the seized " return of investment" was directly related to her husband's 1991 marijuana trafficking because it was allegedly concealed in her underwear dr awer at the time the marijuana and previously forfeited cash were seized from her home. Cf. United States v. $93,685 in U. S. Currency, 730 F. 2d 571 (9th Cir. 1984) (large amount of cash found in household where drug paraphernalia discovered, together with absence of evidence of legitimate sources, was cir cumstantial evidence of occupant's drug trafficking and tr ial court err ed in denying forfeiture).
Although the state's case was "thin" and, ar guably, less than well investigated, it requires no "combing of the record" to see that the state circumstantially established that it was more likely than not that the shipment of cash to Gilbert was related to some form of drug dealing between the Gilberts in Tucson and one or mor e individuals in New York. The only evidence to the contrary was a series of after-the-fact statements by Gilbert, which were either blatant falsehoods or too equivocal to bear any plausibility. Under the totality of the circumstances, there was simply no "substantial evidence" to support the trial court's r uling and I would find it clearly erroneous.
PHILIP G. ESPINOSA, Chief Judge
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