Training and Experience
Education
J.D., Willamette University College of Law, 1990
B.A., Mathematics, University of California, Irvine 1975
Admitted to Practice
All state courts of Oregon
U.S. District Court, District of Oregon
U.S. Court of Appeals for the Ninth Circuit
Litigation Experience
Completed 41 jury trials, 37 bench trials
Completed nine appeals in the U.S. Court of Appeals for the Ninth Circuit
Completed five appeals in the Oregon Court of Appeals
Representative Cases
United States v. $11,500 in U.S. currency, 869 F.3d 1062 (9th Cir. 2017): this civil forfeiture action under 21 U.S.C. 881(a)(6) was round # 2 of USA v. $11,500 upon remand by the Ninth Circuit in 2013; I tried the case to a federal jury which returned a verdict that the $11,500 seized by the government was not proceeds of a drug transaction, but was "used or intended to be used" to facilitate a drug transaction; despite the disjunctive verdict, the district court ordered forfeiture; on appeal, I argued that where the jury found that the $11,500 was not proceeds of drugs sales, logically the jury had found, exclusively, that the money was "intended to be used" to facilitate a drug transaction, and thus, under the 8th Amendment to the Constitution, forfeiture for "intent" without an actus reus, i.e., "conduct," was impermissible; the Ninth Circuit reversed the judgment of forfeiture, holding that 21 U.S.C. 881(a)(6), despite its text, does not authorize forfeiture based on mere intent to facilitate a drug transaction without proof of conduct; the holding strips 35 other federal asset forfeiture statutes of the same "intent" text as 881(a)(6) which until this case was decided, permitted forfeiture for intent without conduct. Upon remand, after a nine-year battle, we recovered the $11,500, plus 9% interest for nine years, plus attorney fees.
System Transport, Inc. v. Andrade Transport, Inc., Marion County Circuit Court (June 2015): plaintiff sued my client defendant for contract damages alleging that defendant breached the motor carrier contract of transportation by delivering steel tubing with rust caused enroute by defendant's negligence; defendant denied causing rust, and counterclaimed for the freight charges which plaintiff had refused to pay; an arbitrator decided in favor of plaintiff; at trial de novo, requested by me,12 jurors found for defendant on plaintiff's claim and on defendant's counterclaim, awarding to my client damages in the amount of the freight charges plus interest from the date payment was due; we also recovered attorney fees and court costs.
United States v. $11,500 in U.S. Currency, 710 F.3d 1006 (9th Cir. 2013): in this civil forfeiture case my client was the claimant; the Ninth Circuit (1) reversed the district court's denial of standing to claimant, and (2) finding that there was a genuine issue of material fact as to whether the $11,500 was proceeds of illegal activity, reversed the district court's grant of summary judgment to the government; the action was remanded to the district court for trial. Cited by 42 appellate court across the U.S.A., including United States v. Funds in the Amount of $271,080, 816 F.3d 903 (7th Cir. 2016), USA v. Real Property Located at 17 Coon Creek Rd., (9th Cir. 2015); United States v. $132,245.00 in U.S. Currency, 764 F.3d 1055 (9th Cir. 2014); USA v. 7215 Longboat Drive, 750 F.3d 968 (8th Cir. 2014); Fergason v. Las Vegas Metro. Police Dep't, 364 P.3d 592, (Nev., 2015).
Soliz v. Jimenez, 22 Or. App., 251, 193 P.3d 34 (Or. 2008): Oregon Court of Appeals reversed trial court's grant of summary judgment against my client defendant in an action for breach of real estate contract; upon remand, the case settled.
Ayala and Ayala, Polk County Circuit Court, Or. (2008): this was a full-day trial for my client father's quest to obtain custody of his children, a rarety; the court awarded to my client custody of his two children plus child support.
United States v. Franklin, U.S. District Court, Oregon (2000): after two months of trial, a federal jury acquitted my client of all counts of a drug-trafficking indictment which included nine counts of "money laundering," all punishable by 18 years imprisonment.
State of Oregon v. Victor Gasca, Marion County Circuit Court, Or. (2007): state jury acquitted my client of "criminal child mistreatment" after we proved that instead of mistreating his girlfriend's children, Victor provided them with the love and affection which was otherwise absent from the children's lives.
United States v. Stockdale, 129 F.3d 1066 (9th Cir. 1997): upheld district court's reduction of my client's sentence under new sentencing guideline.
State of Oregon v. Jochim, Marion County Circuit Court, Or. (1995): jury returned "not guilty" verdict for my client, a senior citizen, who fired his gun into the air to scare off a bully who was trying to run my client's motor home off the road.
Employment in Aircraft Manufacturing Industry
Rockwell International, North American Aircraft Operations, 1981 -1987
(Negotiated contracts for the B-1B navigation and electrical systems)
Northrop Aircraft, 1979 - 1981
(Developed contract proposal for F-15 weapons fire-control system)
Military
U.S. Army 1969-1975 (M.O.S. 11B40, Infantry)
Combat Duty: Vietnam, 1st Cavalry Div., D Co. 1st/12th, 1 Jun 1970 - 27 Apr 1971
Awards for Vietnam Service: C.I.B. (Combat Infantryman Badge awarded for being exposed to hostile fire), Army Air Medal (25 helicopter combat assaults), Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal.
Honorably discharged as sergeant (E-5) 9 Jun 1975.
Other Pursuits
Private Pilot: licensed 1981, IFR rating 1983
Favorite airplane: 1980 Piper Turbo Arrow IV (PA 28RT-201T)
Member of First Cavalry Division Association since 1971
Member Aircraft Owners and Pilots Association since 1981
Member Salem Pilots Association, 2002-2011; V-P 2007-08; President 2010-11
Member Valley Flyers, 2020 - current
J.D., Willamette University College of Law, 1990
B.A., Mathematics, University of California, Irvine 1975
Admitted to Practice
All state courts of Oregon
U.S. District Court, District of Oregon
U.S. Court of Appeals for the Ninth Circuit
Litigation Experience
Completed 41 jury trials, 37 bench trials
Completed nine appeals in the U.S. Court of Appeals for the Ninth Circuit
Completed five appeals in the Oregon Court of Appeals
Representative Cases
United States v. $11,500 in U.S. currency, 869 F.3d 1062 (9th Cir. 2017): this civil forfeiture action under 21 U.S.C. 881(a)(6) was round # 2 of USA v. $11,500 upon remand by the Ninth Circuit in 2013; I tried the case to a federal jury which returned a verdict that the $11,500 seized by the government was not proceeds of a drug transaction, but was "used or intended to be used" to facilitate a drug transaction; despite the disjunctive verdict, the district court ordered forfeiture; on appeal, I argued that where the jury found that the $11,500 was not proceeds of drugs sales, logically the jury had found, exclusively, that the money was "intended to be used" to facilitate a drug transaction, and thus, under the 8th Amendment to the Constitution, forfeiture for "intent" without an actus reus, i.e., "conduct," was impermissible; the Ninth Circuit reversed the judgment of forfeiture, holding that 21 U.S.C. 881(a)(6), despite its text, does not authorize forfeiture based on mere intent to facilitate a drug transaction without proof of conduct; the holding strips 35 other federal asset forfeiture statutes of the same "intent" text as 881(a)(6) which until this case was decided, permitted forfeiture for intent without conduct. Upon remand, after a nine-year battle, we recovered the $11,500, plus 9% interest for nine years, plus attorney fees.
System Transport, Inc. v. Andrade Transport, Inc., Marion County Circuit Court (June 2015): plaintiff sued my client defendant for contract damages alleging that defendant breached the motor carrier contract of transportation by delivering steel tubing with rust caused enroute by defendant's negligence; defendant denied causing rust, and counterclaimed for the freight charges which plaintiff had refused to pay; an arbitrator decided in favor of plaintiff; at trial de novo, requested by me,12 jurors found for defendant on plaintiff's claim and on defendant's counterclaim, awarding to my client damages in the amount of the freight charges plus interest from the date payment was due; we also recovered attorney fees and court costs.
United States v. $11,500 in U.S. Currency, 710 F.3d 1006 (9th Cir. 2013): in this civil forfeiture case my client was the claimant; the Ninth Circuit (1) reversed the district court's denial of standing to claimant, and (2) finding that there was a genuine issue of material fact as to whether the $11,500 was proceeds of illegal activity, reversed the district court's grant of summary judgment to the government; the action was remanded to the district court for trial. Cited by 42 appellate court across the U.S.A., including United States v. Funds in the Amount of $271,080, 816 F.3d 903 (7th Cir. 2016), USA v. Real Property Located at 17 Coon Creek Rd., (9th Cir. 2015); United States v. $132,245.00 in U.S. Currency, 764 F.3d 1055 (9th Cir. 2014); USA v. 7215 Longboat Drive, 750 F.3d 968 (8th Cir. 2014); Fergason v. Las Vegas Metro. Police Dep't, 364 P.3d 592, (Nev., 2015).
Soliz v. Jimenez, 22 Or. App., 251, 193 P.3d 34 (Or. 2008): Oregon Court of Appeals reversed trial court's grant of summary judgment against my client defendant in an action for breach of real estate contract; upon remand, the case settled.
Ayala and Ayala, Polk County Circuit Court, Or. (2008): this was a full-day trial for my client father's quest to obtain custody of his children, a rarety; the court awarded to my client custody of his two children plus child support.
United States v. Franklin, U.S. District Court, Oregon (2000): after two months of trial, a federal jury acquitted my client of all counts of a drug-trafficking indictment which included nine counts of "money laundering," all punishable by 18 years imprisonment.
State of Oregon v. Victor Gasca, Marion County Circuit Court, Or. (2007): state jury acquitted my client of "criminal child mistreatment" after we proved that instead of mistreating his girlfriend's children, Victor provided them with the love and affection which was otherwise absent from the children's lives.
United States v. Stockdale, 129 F.3d 1066 (9th Cir. 1997): upheld district court's reduction of my client's sentence under new sentencing guideline.
State of Oregon v. Jochim, Marion County Circuit Court, Or. (1995): jury returned "not guilty" verdict for my client, a senior citizen, who fired his gun into the air to scare off a bully who was trying to run my client's motor home off the road.
Employment in Aircraft Manufacturing Industry
Rockwell International, North American Aircraft Operations, 1981 -1987
(Negotiated contracts for the B-1B navigation and electrical systems)
Northrop Aircraft, 1979 - 1981
(Developed contract proposal for F-15 weapons fire-control system)
Military
U.S. Army 1969-1975 (M.O.S. 11B40, Infantry)
Combat Duty: Vietnam, 1st Cavalry Div., D Co. 1st/12th, 1 Jun 1970 - 27 Apr 1971
Awards for Vietnam Service: C.I.B. (Combat Infantryman Badge awarded for being exposed to hostile fire), Army Air Medal (25 helicopter combat assaults), Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal.
Honorably discharged as sergeant (E-5) 9 Jun 1975.
Other Pursuits
Private Pilot: licensed 1981, IFR rating 1983
Favorite airplane: 1980 Piper Turbo Arrow IV (PA 28RT-201T)
Member of First Cavalry Division Association since 1971
Member Aircraft Owners and Pilots Association since 1981
Member Salem Pilots Association, 2002-2011; V-P 2007-08; President 2010-11
Member Valley Flyers, 2020 - current