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· 8/2/2007

Dsi Associates LLC v. United States

Citations

  • 496 F.3d 175
  • 68 Fed. R. Serv. 3d 295
  • 2007 U.S. App. LEXIS 18344
  • 2007 WL 2199020

How courts have described this case

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

  • holding that a claimant without an interest in a “particular, specific asset” lacks standing to initiate ancillary proceeding
  • explaining that a general, unsecured creditor does not have standing to proceed under § 853(n)
  • explaining that third party challenges to criminal forfeiture orders “are forbidden by section 853(k) unless they fall within the exception carved out by section 853(n)”
  • “[A]s a matter of law, having failed to retain a security interest in the shares, DSI is simply a general creditor....”
  • “It is ... well settled that section 853(n) provides the exclusive means by which a third party may lay claim to forfeited assets — after the preliminary forfeiture order has been entered.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Sack, Rakoff

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.