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· 11/15/2007

United States v. Timley

Citations

  • 507 F.3d 1125
  • 2007 U.S. App. LEXIS 26465
  • 2007 WL 3377122

How courts have described this case

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

  • holding that “[u]nder the relation-back doctrine, title to the forfeited property vests in the United States at the time of the defendant’s criminal act”
  • holding that title and ownership of forfeited property vests in the United States at the time the defendant’s criminal act occurred
  • observing that “the term ‘legal interest’ encompasses only legally protected rights, not equitable rights”
  • satisfying the “reasonably without cause to believe” element “creates a problem for defense attorneys who perform services in return for criminal proceeds.”
  • “If the [petitioner] has no interest-under state- law, the inquiry ends, and the claim fails for lack of standing.”
  • “As- the court in Hooper explained, the proceeds of an offense do not exist before the offense is committed, and when they come into existence, the government’s interest under the relation-back doctrine immediately vests.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Colloton, Beam, Gruender

Read full opinion on CourtListener

Sourced 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.