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Article • April 14, 2008
U.S. v. Monsanto, No. 88-454 (U.S. Supreme Court) (491 U.S. 600; 109 S.Ct. 2657) (June 22, 1989) (Justice White) by Case held the pre-trial restraint of a criminal defendant's assets, pursuant to 21 U.S.C. § 853, does not violate the defendant's constitutional rights to retain an attorney so long as …
Article • March 1, 2008 • from P&J March, 2008
U.S. v. E-Gold, Ltd., No. 07-3074 (D.C. Cir.) (521 F.3d 411) (April 11, 2008) (Judge David B. Sentelle) by Here the Court held that efendants have a right to an adversary post-restraint, pretrial hearing for the purpose of establishing whether there was probable cause to support the forfeitability of assets …
Article • September 4, 2005
Caplin & Drysdale, Chartered v. U.S., No. 87-1729 (U.S. Supreme Court) (491 U.S. 617; 109 S.Ct. 2646) (June 22, 1989) (Justice White) by In this case a defendant was charged with running a massive drug importation and distribution scheme alleged to be a continuing criminal enterprise (CCE) in violation of …
Article • August 1, 2005 • from P&J August, 2005
U.S. v. Razmilovic, No. 04-4543-cr(L) (2nd Cir.) (419 F.3d 134) (August 17, 2005) (Judge Ralph K. Jr. Winter) by U.S. v. Razmilovic, 419 F.3d 134 (2nd Cir. 08/17/05) (Judge Winter) U.S. v. Wingerter, 369 F.Supp.2d 799 (E.D.Va. 2005) (Judge Ellis) Both of these cases address the extraordinary remedy of a …
Article • August 1, 2005 • from P&J August, 2005
U.S. v. Wingerter, No. 1:04CR421 (E.D.Va.) (369 F.Supp.2d 799) (May 17, 2005) (Judge Thomas Selby III Ellis) by U.S. v. Razmilovic, 419 F.3d 134 (2nd Cir. 08/17/05) (Judge Winter) U.S. v. Wingerter, 369 F.Supp.2d 799 (E.D.Va. 2005) (Judge Ellis) Both of these cases address the extraordinary remedy of a pretrial …
Article • January 1, 2002 • from P&J January, 2002
U.S. v. Farmer, No. 00-4580 (4th Cir.) (274 F.3d 800) (December 12, 2001) (Judge J. Harvie III Wilkinson) by In July, 1998, U.S. Customs Agents obtained warrants to search the residence and warehouse of William Farmer, who was not yet a defendant in any criminal proceedings, based on a showing …
Article • September 1, 1999 • from P&J September, 1999
U.S. v. Register, No. 96-2599 (11th Cir.) (182 F.3d 820) (July 29, 1999) (Judge Phyllis A. Kravitch) by One of the many issues raised in this case was whether the district court had erred in refusing to grant Charles Register an adversarial, pre-trial hearing with respect to the government's filing …
Article • January 1, 1994
U.S. v. Monsanto, No. 87-1397, No. 436 (2nd Cir.) (924 F.2d 1186) (January 9, 1991) (Judge J. Daniel Mahoney) by In this case, the Second Circuit, sitting en banc, reviewed on remand the Supreme Court's decision in U.S. v. Monsanto, 491 U.S. 600, 109 S. Ct. 2657, 105 L. Ed. …