BriefBankIssueIndex

Brief Bank II: indexed by issue

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Settlements of civil forfeiture cases

[

374

]

BRIEF FOR CLAIMANT-APPELLEE SAMMY KHALIL

Appellee Claimant's Brief: 1) No legal or factual basis for vacating settlement for lack of standing; 2) district

court did not abuse discretion in granting Apellee's motion to enforce settlement; 3) District court property

awarded EAJA fees to Appellee, if settlement affirned then fees award should be affirmed too. AFFIRMED

July 2, 2007: 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.

Kessler, Steven

U.S.

John Doe

2nd Cir.

06-4248-cv

(

2007

)

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Khalil_$660200

]

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PDF

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572

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GOVERNMENT'S BRIEF REGARDING CROSBY'S INTEREST IN THE DEFENDANT RES

Government's statement of facts regarding interest in seized sailboat of third party (who previously settled with

government for 30% of interlocutory sale price). Also argues that claimant should be estopped from challenging

government's settlement with third party that occurred before claimant was served notice of forfeiture

proceedings because claimant knew that sailboat had been seized.

DOJ

U.S.

ONE STAR CLASS SLOOP SAILBOAT NAMED "FLASH II"

D.Mass.

05-10192

(