· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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