BriefBankIssueIndex

FEAR's Brief Bank II: indexed by issue

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Release of property

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336

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GOVERNMENT'S RESPONSE TO THE MOTION BY CARMEN BADRIAN FOR

RELEASE OF SEIZED VEHICLE, AND REQUEST FOR APPROPRIATE RELIEF

According to 18 U.S.C. § 983(f)(3)(A), if the Government does not release the seized property within 15 days

of a Claimant’s request to the appropriate official, the claimant may file a petition in the district courtThere is

no requirement that Claimant make her request for release of property with the appropriate official within a

specified time after seizure, or, within a specified time, petition the Court for release after expiration of the fifteen

day period. However, the dilatory fashion in which Claimant filed her request for relief with ATF and

subsequent petition to this Court, at the very least, suggests the hardship is not

nearly as great as alleged.

DOJ

U.S.

$19,985.90

E.D.N.C.

5:05-CV-767-

(

2007

)

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filed:

4/27/2007

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527

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Preliminary Order of Forfeiture

Order granting Claimants' motion for Temporary Restraining Order, enjoining the US and its agents from

transferring seized funds totalling $1.5 million, which were "seized and detained for one entire year, without

any hearing on the merits under either state or federal forfeiture law. With so large a sum detained for so long

without any showing of probable cause for the detention, Claimants have shown irreparable harm." Court also

set hearing date on Claimants' Motion for a Preliminary Injunction and Order Returning Seized Property to

Claimants."

U.S.

JOHN SURGENT

E.D.N.Y

1:04-cr-

(

2005

)