Forfeiture – Firearm – Exculpatory evidence

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Where an attorney has filed a claim to a seized firearm, contending that the forfeited firearm may provide exculpatory evidence for a client, that claim must be dismissed for lack of standing, as neither the attorney nor his client possesses a legal interest in the firearm.

“On March 30, 2021, Attorney [Andrew] Couture filed a claim as to the seized firearm, averring that he represents another party facing a state criminal prosecution for firing a weapon at defendant. … Attorney Couture contends that the forfeited firearm may provide exculpatory evidence for his client, and thus seeks to recover it for his client’s benefit.

“Neither Attorney Couture nor his client assert an ownership interest or any other property interest in the firearm. Without any such legal interest, Attorney Couture does not have standing to seek receipt of the forfeited asset, and his claim must be dismissed. … However, in light of the firearm’s alleged evidentiary value in a criminal proceeding, the government is hereby directed not to sell or otherwise dispose of the firearm until further order of the Court.”

United States v. Charles (Lawyers Weekly No. 02-099-25) (2 pages) (Saylor, C.J.) (Criminal Action No. 20-10281-FDS) (Feb. 25, 2025).

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