North Carolina Lawyers Weekly

May 20, 2026

Forfeiture mandatory after money laundering convictions

The 4th U.S. Circuit Court of Appeals affirmed the defendant’s convictions for money laundering, conspiracy and transportation of stolen goods, but reversed a U.S. District Court ruling that denied the […]

Jan 9, 2019

Lawyer’s home, assets subject to forfeiture

A lawyer charged with helping his wife plunder money from the campaign chest of a Virginia state senator and two other organizations cannot shield his two homes from possible […]

Jul 6, 2017

Criminal Practice — Bail Bond Contract – Appearance Bond Forfeiture – Motion to Set Aside – Paperwork

State v. Cobb (Lawyers Weekly No. 011-200-17, 20 pp.) (Wanda Bryant, J.) (Valerie Zachary, J., dissenting) Appealed from Watauga County Superior Court (Gary Gavenus, J.) N.C. App. Holding: After a […]

Mar 23, 2016

Criminal Practice – Bail Bond – Second Failure to Appear – Forfeiture Set-Aside

State v. Daniel (Lawyers Weekly No. 012-070-16, 7 pp.) (Linda Stephens, J.) Appealed from Pender County District Court (Lindsey Luther, J.) N.C. App. Unpub. Holding: Since the surety had actual […]

Feb 5, 2015

Criminal Practice — Appeals – Cash Forfeiture – Guilty Plea

State v. Royster (Lawyers Weekly No. 15-07-0118, 10 pp.) (Donna Stroud, J.) Appealed from Mecklenburg County Superior Court (Linwood Foust, J.) N.C. App. Holding: When defendant pled guilty to felonious […]

Feb 23, 2012

Criminal Practice – Forfeiture – Escrow Funds – Cigarette Manufacturer – Tobacco Settlement – Nonparticipant – States’ Interest

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 [...]

Dec 9, 2011

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

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 j[...]

Jun 10, 2011

Criminal Practice – Constitutional – Excessive Fines Clause – Forfeiture – Guidelines Amount – Statutory Penalty

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[...]

May 6, 2011

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

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.