| | FEAR's Brief Bank II: indexed by issue |
| | **************************************************************************************** |
| | Traceable proceeds | [ | 426 | ] |
| | NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT, OR PARTIAL |
| | SUMMARY JUDGMENT, BASED ON LACK OF PROBABLE CAUSE FOR FORFEITURE |
| | WHEN COMPLAINT WAS FILED; DECLARATIONS; EXHIBITS |
| | A. Summary judgment should be granted when there is no |
| | genuine issue of material fact for trial and the moving party |
| | is entitled to judgment as a matter of law… . |
| | B. Forfeiture statutes are strictly construed against the |
| | government.. |
| | C. The government has the burden of proving that it had probable |
| | cause for forfeiture at the time it filed the complaint.. |
| | D. The government has the burden of showing probable cause that |
| | the defendant properties were purchased with the proceeds of |
| | violations of 18 U.S.C. §2342… . |
| | E. There is no genuine issue of material fact that the government |
| | cannot meet its probable cause burden that the defendant |
| | properties are traceable to a violation of 18 U.S.C. §2342(a). |
| | by | Honig, Eric |
| | U.S. | v. | $19,985 | C.D.Cal | cv 07-3622- | ( | 2011 | ) |
| | browser view: | BrowserView | filed: |
| | Word Perfect | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | USv19985_mot | ] |
| | PDF version: | [ | 633 | ] |
| | . |
| | Tuesday, May 03, 2011 | Page 1 of 3 |