What is the scope of Supplemental Rule G(6) interrogatories and whether they can test standing at any stage of a civil forfeiture action? What is the proper standard for evaluating Article III standing and its relationship to CAFRA’s burden of proof in civil forfeiture? What are the circumstances under which district courts may strike a claim as a discovery sanction for noncompliance with Rule G(6), and should such sanctions be limited when a motion to suppress is pending?

Key Points: - (!) Summary of civil forfeiture: district court struck Porcelli’s claim and granted default judgment. - (!) (!) Rule G(6) allows government to serve special interrogatories about standing "at any time" after the claim is filed; district court upheld striking for noncompliance. - (!) (!) Government may use Rule G(6) to test standing throughout case; standing must be shown by preponderance of evidence at later stages. - (!) (!) Interrogatories can elicit information to test ownership/relationship to property; not all discovery is permissible; proportionality and scope matter. - (!) (!) Safeguards: Rule G(6) limits and proportionality, and queries must be related to "claimant’s identity and relationship to defendant property." - (!) Supplemental Rule G(8) permits government to strike a claim before trial for failure to comply with G(5) or G(6) or lack of standing. - (!) (!) Practice guidance on sequencing standing, suppression motions, and the possible interplay with Fourth Amendment issues. - (!) (!) Fourth Amendment considerations: motion to suppress pending affects whether Rule G(6) responses can justify sanctions. - (!) (!) Hypothetical illustrating potential misuse of Rule G(6) if suppression is unresolved. - (!) (!) Emphasizes not to consider illegally seized currency for purposes of standing/sanctions if suppression is granted.

What is the scope of Supplemental Rule G(6) interrogatories and whether they can test standing at any stage of a civil forfeiture action?

What is the proper standard for evaluating Article III standing and its relationship to CAFRA’s burden of proof in civil forfeiture?

What are the circumstances under which district courts may strike a claim as a discovery sanction for noncompliance with Rule G(6), and should such sanctions be limited when a motion to suppress is pending?