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FEAR's Brief Bank II
Motions, pleadings and briefs

Brief Bank II: indexed by issue

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Restraining orders - criminal forfeiture

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346

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REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT DENT WAKEFORD'S

MOTION TO VACATE EX PARTE RESTRAINING ORDER

Reply to Government's brief seeking pre-trail restraint of criminal defendant's untainted legitimate assests

pursuant to 21 USC 2461( c), which by definition applies only in cases where a defendant is charged with

offenses for which Congress has not authorized criminal forfeiture (when the only forfeiture authorized is a

civil forfeiture). 1. Congress has never authorized pre-trial restraint of untainted assets; 2. Fourth Circuit

case relied upon by Government, In re Billman, does not require the court to restrain untainted assets; 3.

Section 2461( c) does not incorporate the substantive provisioins of 21 USC 853; 4. Defendant is entitled to

an evidentiary hearing to challenge the sufficiency of the Government's forfeiture claim.

Wakeford, Kent

U.S.

BENYO; JOHNSON, JR.; KENNEDY; TULI; WAKEFORD;

(

2005

)

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WakefordMOL

]

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GOVERNMENT’S APPLICATION FOR ORDER REGARDING CRIMINAL FORFEITURE OF

PROPERTY IN GOVERNMENT CUSTODY 18 U.S.C. § 983(a)(3)(B)(ii)(II)

GOVERNMENT’S APPLICATION FOR Restraining ORDER REGARDING CRIMINAL FORFEITURE OF

PROPERTY IN GOVERNMENT CUSTODY 18 U.S.C. § 983(a)(3)(B)(ii)(II)

DOJ

U.S.

$19,985.90

E.D.N.C

5:05-CV-767-

(

2007

)