FEAR's Brief Bank II
  Motions, pleadings and briefs


Brief Bank II: indexed by issue

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Substitute assets [ 415 ]

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.

by Wakeford, Kent

U.S. v. BENYO; JOHNSON, JR.; KENNEDY; TULI; WAKEFORD; ( 2005 )

and

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MOTION FOR RETURN OF SEIZED PROPERTY PURSUANT TO FEDERAL RULES OF

CRIMINAL PROCEDURE, RULE 41e

Assets that were part of criminal iIndictment can not be substitute assets

by Perez, Shawn

U.S. v. John Doe D.Hawaii CR. NO. 02- ( 2003 )

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