| FEAR's Brief Bank II Motions, pleadings and briefs |
| | Brief Bank II: indexed by issue |
| | ******************************************************************************************* |
| | Vacating defaults | [ | 434 | ] |
| | US v. One Star Class Sloop |
| | |
| | United States v. One Star Class Sloop Sailboat, 458 F.3d 16 (1st Cir. 2006) |
| | |
| | United States v. One Star Class Sloop Sailboat, 458 F.3d 16 (1st Cir. 2006) |
| | Court below did not adequately consider the sufficiency of the notice as it pertained to Claimant's interest in the |
| | sailboat. Order denying Rule 60(b) motion vacated and remanded for further proceedings. Government |
| | emphasises Claimant's concession that he knew of the initial seizure long before institution of the forfeiture |
| | action. However, a claimant's knowledge of a seizure, without more, is insufficient to defeat a challenge |
| | premised on an absence of actual notice. In such situations, due process entails "advance notice-in-fact of |
| | forfeiture proceedings, as opposed to notice-in-fact of seizure." Quoting Gonzales-Gonzales, 257 F.3d at 38 |
| | (where fugitive claimant was entitled to government's reasonable efforts to provide him notice). When the |
| | government knows or can easily ascertain the identity and whereabouts of a potential claimant, reasonableness |
| | requires the government, at a minimum, to take easily available steps in its attempt to notify the claimant. |
| | by | 458 F.3d 16 (1st Cir. 2006) |
| | U.S. | v. | One Star Class Sloop Named "Flash II" | 1st Cir. | 05-10192 (06- | ( | 2006 | ) |
| | browser view: | BrowserView | filed: | 8/16/2006 |
| | Word Perfect version: | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | KennedySailBoa | ] |
| | PDF version: | available | [ | 597 | ] |
| | . |
| | APPELLANT’S OPENING BRIEF |
| | District court abused its discretion in denying motion to vacate forfeiture without requiring the government to |
| | prove it made reasonable efforts to locate Claimant and serve him with process. |
| | by | Grantland, Brenda |
| | U.S. | v. | ONE STAR CLASS SLOOP SAILBOAT NAMED "FLASH II" | 1st Cir. | 06-1089 | ( | 2006 | ) |
| | browser view: | available | BrowserView | filed: |
| | Word Perfect version: | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | available | RichTextFormat | [ | LaneBrief | ] |
| | PDF version: | available | [ | 423 | ] |
| | . |
| | Tuesday, October 09, 2007 | Page 1 of 3 |
Page 1. (c) 2006 Forfeiture Endangers American Rights Foundation