| FEAR's Brief Bank II Motions, pleadings and briefs |
| | Brief Bank II: indexed by issue |
| | *************************************************************************************************** |
| | Attorney, release of funds for | [ | 29 | ] |
| | CLAIMANTS' SUPPLEMENTAL MEMORANDUM ON THEIR MOTION FOR THE RELEASE |
| | OF SEIZED ASSETS TO PAY ATTORNEYS FEES |
| | the Honorable Chief Judge ... ruled that Claimants had made their threshold showing under Farmer and that |
| | they were therefore entitled to an evidentiary hearing on the motion and assigned to the Honorable … |
| | Magistrate Judge, for further proceedings, and directed parties to file supplemental memoranda. Athough |
| | these issues have been extensively briefed by both parties, Claimants will restate their arguments for the |
| | convenience of this Court. -- The government argues that the two parcels of real property at issue were |
| | not "seized" – but that a lis pendens was filed instead. The cases distinguishing between "seizure" of real |
| | estate and the filing of a notice of lis pendens are concerned with whether the due process notice and hearing |
| | requirements of United States v. James Daniel Good Real Property, 510 U.S. 43 (1993) are triggered. A |
| | seizure of real estate triggers the Good hearing requirement, but a lis pendens does not. That is irrelevant to |
| | the motion for release of assets. In Good the Supreme Court made it clear that a lis pendens interferes with |
| | the property owner's ability to refinance the property. "Sale of the property can be prevented by filing a |
| | notice of lis pendens as authorized by state law when the forfeiture proceedings commence." 510 U.S. at 58. |
| | by | Grantland, Brenda/Zeszotarski |
| | U.S. | v. | $19,985.90 | E.D.N.C | 5:05-CV- | ( | 2006 | ) |
| | browser view: | BrowserView | filed: |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | SuppMemRelA | ] |
| | PDF version: | available | [ | 560 | ] |
| | . |
| | CLAIMANTS' SUPPLEMENT TO THEIR MOTION FOR RELEASE OF ASSETS TO PAY |
| | ATTORNEYS FEES |
| | On November 6, 2006, Carmen Badrian was arraigned on a superceding indictment in Criminal Case 06-41, |
| | charging her with conspiring with her husband. Because of the financial straits which Claimants have |
| | previously detailed, they have no money to retain counsel for Carmen. If assets are released to allow her to |
| | hire counsel, undersigned counsel Brenda Grantland has agreed to represent her in the criminal case. |
| | by | Grantland, Brenda/Zeszotarski |
| | U.S. | v. | $19,985.90 | E.D.N.C | 5:05-CV- | ( | 2006 | ) |
| | browser view: | BrowserView | filed: |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | Supplement_re | ] |
| | PDF version: | available | [ | 559 | ] |
| | . |
| | Sunday, May 20, 2007 | Page 1 of 9 |
Page 1. (c) 2006 Forfeiture Endangers American Rights Foundation