| FEAR's Brief Bank II Motions, pleadings and briefs |
| | Brief Bank II: indexed by issue |
| | *************************************************************************************************** |
| | Attorney, release of funds for | [ | 29 | ] |
| | CLAIMANTS' MOTION FOR RECONSIDERATION OF THE MAGISTRATE JUDGE'S |
| | ORDER DENYING THE RELEASE OF ASSETS TO PAY ATTORNEY'S FEES |
| | Claimants move – pursuant to 28 U.S.C. § 636(b)(1)(A) and Local Rule 72.4(a) – for |
| | reconsideration of Magistrate Judge’s Order denying the release of seized assets |
| | to pay attorneys fees. This motion is based on the attached Memorandum of Points and Authorities, the |
| | previously filed memoranda and exhibits on this issue, orders, and the documentary evidence and testimony |
| | submitted at the January 16, 2007 evidentiary hearing. |
| | by | Grantland, Brenda/Zeszotarski, |
| | U.S. | v. | $19,985.90 | E.D.N.C | 5:05-CV- | ( | 2007 | ) |
| | browser view: | BrowserView | filed: | 3/6/2007 |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | motiionforreco | ] |
| | PDF version: | available | [ | 541 | ] |
| | . |
| | RESPONSE TO CLAIIMANTS' MOTION FOR RECONSIDERATION OF THE MAGISTRATE |
| | JUDGE'S ORDER DENYING THE RELEASE OF ASSETS TO PAY ATTORNEY'S FEES |
| | At this hearing the burden is on claimants to establish by preponderance of evidense that: 1) the government |
| | seized untainted, nonforfeitable assets without probable cause; and 2) claimants need those same assits to hire |
| | counsel of their choice in the criminal defense. The court's holding is not binding on the issue of claimants' |
| | indigence. Instead, claimants' burden begins anew. |
| | by | DOJ |
| | U.S. | v. | $19,985.90 | E.D.N.C | 5:05-CV-767-FL | ( | 2007 | ) |
| | browser view: | BrowserView | filed: | 3/26/2007 |
| | Word Perfect | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | GovOppRecon | ] |
| | PDF version: | available | [ | 534 | ] |
| | . |
| | Sunday, May 20, 2007 | Page 9 of 9 |
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