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Article • February 4, 2013 • from P&J February, 2013
U.S. v. 434 Main St., Tewksbury, MA, No. Civ. No. 09-11635-JGD (D.Mass.) (961 F.Supp.2d 298) (January 24, 2013) (Judge Magistrate) by This case is noted as one of the most outrageous and egregious abuses of the Government’s forfeiture powers (as well as one pf the worst examples of prosecutorial overreach) …
Article • June 11, 2012 • from P&J June, 2012
U.S. v. 434 Main Street, Tewksbury, Mass., No. Civ. No. 09-11635-JGD (D.Mass.) (862 F.Supp.2d 24) (April 25, 2012) (Judge Magistrate) by This case deals principally with one of the Federal Government’s many forfeiture statutes - 21 U.S.C. § 881(e)(1)(A) - which has become a veritable license to loot. That statute …
Article • February 6, 2012 • from P&J February, 2012
U.S. v. 2001 LEXUS LS430 VIN JTHBN30F910017797, No. 1:10cv94 (GBL) (E.D.Va.) (799 F.Supp.2d 599) (December 3, 2010) (Judge Gerald Bruce Lee) by This case raised a single, but significant, issue - namely whether the Government could prove a “substantial connection,” as that term is used in the Civil Asset Forfeiture …
Article • December 1, 2008 • from P&J December, 2008
Smith v. City of Chicago, No. 07-1599 (7th Cir.) (524 F.3d 834) (May 2, 2008) (Judge Terrence T. Evans) by The Chicago Police Department, acting under the Illinois Drug Asset Forfeiture Procedure Act (DAFPA) seized property belonging to the plaintiffs. The DAFPA permits the warrantless seizure of personal property involved …
Article • September 1, 2007 • from P&J September, 2007
U.S. v. Wilson, No. 03-18-B-S (D.Me.) (495 F.Supp.2d 144) (July 13, 2007) (Judge George Z. Singal) by The defendant in this case, Easton Wilson, who was convicted of various drug offenses, moved, pursuant to Rule 41(g) of the Fed.R.Crim.P., for the return of some property that was seized pursuant to …
Article • May 1, 2004 • from P&J May, 2004
U.S. v. Causey, No. CRIM.A. H-04-025 (S.D.Tex.) (309 F.Supp.2d 917) (March 18, 2004) (Judge Simeon T. III Lake) by
Article • April 1, 2001 • from P&J April, 2001
U.S. v. Real Property in Section 9, No. 98-2261 (6th Cir.) (241 F.3d 796) (March 1, 2001) (Judge Gilbert S. Merritt) by Here the Court addressed the retroactive application of the Civil Asset Forfeiture Reform Act and held that since the purpose of the Act was "to rectify unfairness and …