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Tag Archives: forfeiture

Criminal Practice – Forfeiture – Escrow Funds – Cigarette Manufacturer – Tobacco Settlement – Nonparticipant – States’ Interest (access required)

U.S. v. State of Oregon The 4th Circuit vacates a district court forfeiture order for funds escrowed by defendant cigarette manufacturer, a nonparticipant in the tobacco-litigation settlement agreement who was prosecuted for tobacco-related crimes, because the district court granted an interest in the escrowed funds to two states who failed to prove they had a superior legal interest in the funds.

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Criminal Practice – Forfeiture — $400,000 in Currency – Drug-Trafficking – Time Deadline (access required)

U.S. v. Martin Four defendants convicted as part of a drug-trafficking operation lose their appellate challenge to the belated forfeiture of their property under 18 U.S.C. § 983, including over $400,000 in currency from several accounts, a Mercedes automobile and several million dollars in drug proceeds, as the 4th Circuit holds the time deadline for forfeiture under Rule 32.2 is not a jurisdictional condition. Defendants argue the district court was without jurisdiction to order the criminal forfeiture of their property after sentencing and the entry of judgments.

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Criminal Practice – Constitutional – Excessive Fines Clause – Forfeiture – Guidelines Amount – Statutory Penalty (access required)

U.S. v. $79,650.00 Seized from Bank of America Account The 4th Circuit affirms the judgment that an Ethiopian citizen engaged in illegal currency structuring through his deposits into two different banks in Fairfax, Va.; however, the appellate court says the district court erred in reducing the corresponding civil forfeiture of appellant's funds from $79,650 to $50,000 on Eighth Amendment grounds.

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Criminal Practice – Constitutional – Right to Counsel – Forfeiture – Speedy Trial – Capacity to Proceed – Commitment – Driving While License Revoked (access required)

State v. Leyshon Where defendant delayed proceedings - through four hearings - by refusing to respond to the court's inquiries about representation by counsel, defendant forfeited his right to the assistance of counsel. We find no error in defendant's conviction of driving while license revoked.

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