Barbara Pacheco, United States of America v. John Serendensky, A/K/A John Vitolano, Joseph Foti & Guy Foti

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the government’s forfeiture of real property owned by the defendant in joint tenancy extinguished only the defendant’s interest and not the joint tenant’s
• applying New York law to the question whether the petitioner was a bona fide purchaser for value
• applying New York law to the question whether the petitioner was a bona 11 fide purchaser for value
• “A party’s assertion of fact in a pleading is a judicial admission by which [the party] normally is bound throughout the course of the proceeding.”
• “The purposes of the forfeiture penalty are to punish, deter and disempower criminals, aims which are not farthered by taking an innocent owner’s share.” (citation omitted)
• “At [the ancillary proceeding], both the petitioner and the government are entitled to present evidence, with the burden ultimately on the petitioner to prove her claim by a preponderance of the evidence.”

Source: CourtListener parenthetical corpus (CC0).