· 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 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.