| | Brief Bank II: indexed by issue |
| | ******************************************************************************************* |
| | Settlements of civil forfeiture cases | [ | 374 | ] |
| | Summary Order |
| | District court's Enforcement Order and Award of Attorney fees under the Equal Access to Justice Act (EAJA) |
| | Affirmed. AUSA had authority to enter government into settlement agreement; and in-court oral settlement |
| | agreement is binding contract, which the government cannot renege on. Second Circuit notes the provision for |
| | award of attorney fees contained in the Civil Asset Forfeiture Reform Act of 2000 (CAFRA)'s provision for |
| | award of attorney fee might supercede EAJA in civil forfeitures, but issue waived and therefore district court's |
| | award under EAJA is affirmed. |
| | by |
| | U.S. | v. | $660,200 | 2nd Cir. | 06-4248-cv | ( | 2007 | ) |
| | browser view: | BrowserView | filed: | 7/2/2007 |
| | Word Perfect version: | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | $660200_Order | ] |
| | PDF version: | available | [ | 566 | ] |
| | . |
| | BRIEF FOR THE PLAINTIFF-APPELLANT |
| | Government argues: Clainant lacks standing to enforce settlement agreement; lower court lacked standing to |
| | enforce settlement agreement; district court abused discretion in denying gov. motion to vacate settlement |
| | agreement without considering post-settlement [unsworn] "evidence"; district court erred in awarding |
| | enforcement costs and attorney fees to claimant. |
| | by | DOJ |
| | U.S. | v. | John Doe | 2nd Cir. | 06-4248-cv | ( | 2007 | ) |
| | browser view: | BrowserView | filed: |
| | Word Perfect version: | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | govt$660200_bri | ] |
| | PDF version: | available | [ | 574 | ] |
| | . |
| | Tuesday, October 30, 2007 | Page 1 of 3 |