United States v. Lawrence W. Lavin Wmot Enterprises, Inc.

How courts have described this case

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

• holding that claimant must establish that it intentionally transferred value to the forfeitor with an expectation of receiving value in return in order to be a bona fide purchaser
• noting § 853(n) was enacted with language identical to § 1963(l) and concluding § 1963(l) is a useful guide in the application of § 853(n)
• acknowledging a “liberal[]” construction of forfeiture statutes may be one favoring a third party
• allowing the longer civil period to appeal from a forfeiture order
• “For the majority of third parties . . . who assert an equitable, rather than a legal, entitlement to relief, petitioning the Attorney General for remission and mitigation remains the exclusive remedy.”
• bona fide purchaser acquires interest through volitional, advertent and, generally, commercial transaction; victim of em­ bezzlem ent acquired interest through unwitting and inadvertent tortious action of another and therefore was not a bona fide purchaser

Source: CourtListener parenthetical corpus (CC0).