People Ex Rel. Wayne County Prosecutor v. $176,598.00 US Currency

                                                                       Michigan Supreme Court
                                                                       Lansing, Michigan 48909
____________________________________________________________________________________________
                                                                C hief Justice                   Justices
                                                                Maura D. Cor rigan	              Michael F. Cavanagh




O pinion
                                                                                                 Elizabeth A. Weaver
                                                                                                 Marilyn Kelly
                                                                                                 Clifford W. Taylor
                                                                                                 Robert P. Young, Jr.
                                                                                                 Stephen J. Markman

____________________________________________________________________________________________________________________________

                                                                                 FILED SEPTEMBER 25, 2001





                PEOPLE OF THE STATE OF MICHIGAN,

                ex rel WAYNE COUNTY PROSECUTOR,


                        Plaintiff,


                v                                                                                No. 117689


                $176,598.00 UNITED STATES

                CURRENCY, MISCELLANEOUS RECORDS,

                THREE (3) FIREARMS, ONE (1) SAFE,

                AND MISCELLANEOUS ITEMS OF JEWELRY,


                        Defendants,


                and


                NATHANIEL WILSON,


                        Claimant-Appellee,


                v


                CITY OF DETROIT,


                     Appellant.

                ________________________________

                PER CURIAM


                        The issue raised in this appeal is whether statutory


                interest under MCL 600.6013 is owed when money that was the

subject   of   a   forfeiture    proceeding    under      the   controlled


substances laws is ordered returned to the owner.                The Court


of Appeals held that statutory interest must be paid. 


     We conclude that money ordered returned to its owner


under the forfeiture procedure does not constitute a “money


judgment recovered in a civil action,” and thus statutory


interest is not payable.


                                   I


     In December 1986, Detroit police officers responded to a


residential security alarm and entered the home of Nathaniel


Wilson on Corbett Street on the suspicion that a burglary was


in progress.       The officers found no intruders, but they did


find $167,480 in cash. Circumstances suggested that the money


may have been related to drug trafficking.             It was taken to


the police station, and dogs trained to detect controlled


substances     indicated   the   presence     of   such    scent   on   the


currency.


     The Wayne County Prosecutor brought a civil forfeiture


action for the funds, as well as for $9,118 in cash that had


been seized earlier from another house (on Chalmers Street)


occupied by Wilson.      Wilson defended and asked that the money


be returned to him.


     A bench trial followed, and the circuit court ordered the


forfeiture.     However, the Court of Appeals reversed, holding


that the search of the house on Corbett had been illegal, and


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that forfeiture proceedings regarding the property seized from


the house on Chalmers had not been properly instituted.1


However, we granted the prosecutor’s application for leave to


appeal, and reversed, holding that the entry and search of the


Corbett residence without a warrant2 was lawful because it was


supported     by   probable   cause   and   occurred   under   exigent


circumstances.3      We remanded to the Court of Appeals for


further proceedings.


     On remand, the Court of Appeals again reversed the order


of forfeiture, holding that the police had exceeded the scope


of their authority by searching a trunk where most of the


money was found.4     We denied leave to appeal.5


     Having prevailed in the forfeiture proceeding, Wilson


brought a motion for return of the money, and asked for an


award of statutory judgment interest.           There was some delay


because of liens filed by the United States government and the


Michigan Department of Treasury.6           Following a hearing, the


     1
      Unpublished opinion per curiam, issued November 7, 1991

(Docket No. 101884). 

     2
       The prosecutor had not appealed the Court of Appeals

ruling regarding the $9,118 seized from the house on Chalmers.

     3
          443 Mich 261; 505 NW2d 201 (1993).

     4

       (On Remand), unpublished opinion per curiam, issued

May 23, 1994 (Docket No. 168073).

     5
          447 Mich 980; 525 NW2d 451 (1994).

     6

        Wilson had been sentenced to federal prison on a 1991

drug conviction. The United States lien was filed to recover


                                  3

Wayne Circuit Court entered an order on February 25, 1997,


requiring the city of Detroit to return the money involved in


the   forfeiture      action,   but    denying      Wilson’s    claim   for


statutory judgment interest.


      Wilson filed a delayed application for leave to appeal,


which the Court of Appeals granted. It then reversed, holding


that the decree directing return of the funds was a money


judgment in a civil action, entitling Wilson to interest under


§ 6013(1).        It directed the circuit court to calculate the


amount of interest, explaining that interest should not be


awarded     for    those   periods    of    delay    in   the   forfeiture


proceeding that were not attributable to the city.7


      The city of Detroit has filed an application for leave to


appeal to this Court.


                                      II


      Whether RJA § 6013 applies in the circumstances of this


case is a question of statutory interpretation, which we


review de novo.       Brown v Michigan Health Care Corp, 463 Mich


368, 374; 617 NW2d 301 (2000); Sands Appliance Services, Inc


v Wilson, 463 Mich 231, 238; 615 NW2d 241 (2000). 



the costs of his incarceration. Eventually, $102,911.21 of

the money was paid to the U.S. government.      The Michigan

Department of Treasury’s lien concerned Wilson’s lawyer. The

Treasury sought a portion of the attorney fee to help satisfy

a tax judgment against him, and $5,000 from the fund was paid

to the state on that judgment.

      7
          242 Mich App 342; 618 NW2d 922 (2000).


                                      4

                                III


     RJA § 6013(1) provides that “[i]nterest shall be allowed


on a money judgment recovered in a civil action,” as provided


in that section.8    For the purpose of the judgment interest


statute, a money judgment is one that orders the payment of a


sum of money, as distinguished from an order directing an act


to be done or property to be restored or transferred. Stewart


v Isbell, 155 Mich App 65, 80; 399 NW2d 440 (1986); Moore v


Carney, 84 Mich App 399, 404; 269 NW2d 614 (1978).9


     The forfeiture statute itself is silent on the issue of


interest.    However, its provisions make clear that an order


returning seized currency following a drug forfeiture trial is


not a money judgment, but rather an order for the return of


specific personal property.10    For example, MCL 333.7521(1)(f)



     8
       The   remaining subsections specify the interest rates

applicable   to various periods, cover the effect of offers of

settlement   on entitlement to interest, and include specific

provisions   applicable to medical malpractice cases.

     9
       This distinction reflects the purpose of § 6013, which

is “to compensate the prevailing party for the expenses

incurred in bringing an action and for the delay in receiving

money damages.” Phinney v Perlmutter, 222 Mich App 513, 541;

564 NW2d 532 (1997). 

     10
        The Michigan drug forfeiture statute is drawn from the

model of the federal drug laws, which treat seized currency in

the same manner as other seized personal property.       In re

Forfeiture of $11,800 US Currency, 174 Mich App 727, 729; 436

NW2d 449 (1989).     Under the federal statute, forfeiture

proceedings are in rem actions against the property. United

States v One 1985 Mercedes, 917 F2d 415, 419 (CA 9, 1990);

United States v Real Property Located at Incline Village, 47

F3d 1511, 1519 (CA 9, 1995), rev’d on other grounds Degen v


                                5

states:


     The following property is subject to forfeiture:


          Any thing of value that is furnished or

     intended to be furnished in exchange for a

     controlled substance . . . including, but not

     limited to, money, negotiable instruments, or

     securities. . . . Any money that is found in close

     proximity to any property that is subject to

     forfeiture under subdivision (a), (b), (c), (d) or

     (e) shall be presumed to be subject to forfeiture

     under this subdivision.    This presumption may be

     rebutted   by  clear   and   convincing   evidence.

     [Emphasis added.]


     Likewise,   MCL   333.7523(1)    decrees   that   “forfeiture


proceedings shall be instituted promptly” and sets forth the


“procedure (that) shall be used” where “property is seized


pursuant   to     section    7522.”         (Emphasis      added.)


Section 7523(1)(c) instructs an owner of seized property how


to seek recovery of the “property” in forfeiture proceedings.


Perhaps most significant is MCL 333.7523(2), which equates the


statutory recovery of anything seized as part of a drug


forfeiture with a civil action to recover “personal property”:


          Property taken or detained under this article

     or pursuant to section 17766a shall not be subject

     to an action to recover personal property, but is

     deemed to be in the custody of the seizing agency

     subject only to this section or an order and

     judgment of the court having jurisdiction over the

     forfeiture proceedings. . . . [Emphasis added.]




United States, 517 US 820; 116 S Ct 1777; 135 L Ed 2d 102

(1996). The return of seized property is treated as an act of

restoration, rather than as an award of monetary compensation

for damages suffered by a party. See, e.g., United States v

One 1979 Cadillac, 833 F2d 994, 998 (CA Fed, 1987).


                               6

     In addition, the language of § 6013 itself indicates that


the proceeding here does not constitute a “civil action” for


the purpose of that rule. Subsections (2) through (6) suggest


that a complaint must be filed with the court by the person


who has recovered the money judgment.       Each subsection begins


with the phrase, “for complaints filed,” or contains other


language referencing the filing of a “complaint.”       Wilson did


not file any such complaint in this proceeding.         Therefore,


rather than being the prevailing claimant in a civil action,


Wilson was merely the owner of property that the prosecutor


unsuccessfully   sought   to   seize   in   a   forfeiture   action


initiated by the latter.    The trial court’s order was not an


adjudication of an action for money damages, but rather one


for the delivery of property that had been the subject of a


forfeiture action.11


     In other contexts, the case law has denied interest under


§ 6013 in proceedings that, like drug forfeitures, are not


typical civil actions preceding an award of a money judgment.


See, e.g., Reigle v Reigle, 189 Mich App 386, 392-393; 474


NW2d 297 (1991) (the statute does not apply to money awards in


divorce judgments); Oliver v State Police, 132 Mich App 558,




     11
        If Wilson thought that the police had behaved

unlawfully here (as opposed merely to having not prevailed),

he was free to bring a civil action for damages.

Alternatively, he had the option of suing in federal court

under 42 USC 1983. 


                                7

572-577; 349 NW2d 211 (1984) (no statutory interest on an


award of back pay in a circuit court review of an employee


discharge under civil service laws); In re Cole Estate, 120


Mich App 539, 548-551; 328 NW2d 76 (1982) (an order awarding


a forced share in an estate is not a “money judgment recovered


in a civil action” entitling a spouse to an award of judgment


interest).12


     The Court of Appeals decision also creates the danger of


what the trial court called “imposing a penalty on the seizing


agency.” Michigan law prohibits law enforcement agencies from


depositing currency seized pursuant to a warrant into an


interest bearing bank account until the currency no longer is


needed as evidence in any trial.     See MCL 780.655; In re


Forfeiture of $25,505 US Currency, 220 Mich App 572, 577; 560


NW2d 341 (1996).   The decision of the Court of Appeals could


result in police departments being compelled to pay judgment


interest on money that they were statutorily prohibited from


depositing into an interest bearing account. 



     12
       There are some cases that award the prevailing party

the interest which the seizing governmental unit actually

earned on the property while it was in the governmental unit’s

possession.   See, e.g., United States v $515,060.42 in US

Currency, 152 F3d 491, 504-506 (CA 6, 1998); In re Forfeiture

of $30,632.41, 184 Mich App 677, 678-680; 459 NW2d 99 (1990).

Those awards are based on the court’s traditional equity

powers to avoid a windfall to the governmental agency from its

possession of property.      In this case, the funds were

deposited in an interest-bearing account for part of the time

they were in the city’s possession, and this interest earned

was, in fact, paid to Wilson under the circuit court’s order.


                              8

     We conclude that the order directing return of the seized


funds to Wilson was not a money judgment in a civil action


under § 6013.     Accordingly, we reverse the judgment of the


Court of Appeals and reinstate the Wayne Circuit Court’s


February 25, 1997, order denying interest.


     CORRIGAN , C.J., and CAVANAGH , WEAVER , KELLY , TAYLOR , YOUNG , and


MARKMAN , JJ., concurred.





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