United States v. Banco Cafetero Panama, Banco Cafetero Colon, Defendants-In-Rem-Appellants

How courts have described this case

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

• noting that once the government establishes that an account contains narcotics proceeds, “[t]he burden [is] on the claimant to demonstrate that no portions of the account” are narcotics proceeds
• noting that \[w]hich [tracing] approach reflects reality in any particular case will depend on the precise circumstances\
• stating that district court may approve interlocutory appeal when order “involves a controlling question of law as to which there is substantial ground for difference of opinion” and “an immediate appeal from the order may materially advance the ultimate termination of the litigation”
• noting the “Barker test . . . applies to the holding of the forfeiture trial as well as to the filing of the action”
• “To require prompt filing of a forfeiture action but allow indefinite postponement of the trial would reduce the filing requirement to a nullity.”
• government can establish prima facie case for forfeiture by relying on the 12 “last-in, last-out” approach or the “last-in, first-out” approach.

Source: CourtListener parenthetical corpus (CC0).