· 7/28/2006
Piedade Pedro De Almeida, Harber Corporation, Gatex Corporation, Mabon Corporation v. United States
Citations
- 459 F.3d 377
- 2006 U.S. App. LEXIS 19171
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that jurisdiction under 3 Rule 41 must be “exercised with great restraint and caution” (internal quotation marks omitted)
- “[t]he statutory wording makes sufficiently clear that criminal forfeiture is not a measure restricted to property owned by the criminal defendant .... ”
- “An ancillary proceeding is evidently the only avenue for a post-indictment third-party claim to forfeited property ....”
- “A Rule 41(g) motion is an equitable remedy that is available only when there is no adequate remedy at law....”
- criminal forfeiture “reaches any property that is ‘involved’ in the offense.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobs, Leval, Straub
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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