· 7/29/1992
United States v. $448,342.85 (j.m. Distributors and Westmont Corporation, Claimants)
Citations
- 969 F.2d 474
- 1992 U.S. App. LEXIS 17363
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that all of the money in the particular case originated from criminal activity
- “Money need not be derived from a crime to be ‘involved’; perhaps a particular sum is used as the bankroll facilitating the fraud.”
- “Even if the fraud stopped at the end of 1988, the criminal proceeds vastly exceed the sums on deposit at the time of the seizure.”
- government entitled only to \funds\ used in offense, not whole account into which such funds had been deposited
- “Probable cause to believe that the proceeds of the fraud exceed the balance of the account at the time of seizure justifies calling on the claimant to identify sums derived from lawful activities.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Coffey, Easterbrook
Read full opinion on CourtListenerSourced 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.