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FEAR's Brief Bank II
Motions, pleadings and briefs

Brief Bank II: indexed by issue

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Attorneys fees - substantially justified

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457

]

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.

U.S.

$660,200

2nd Cir.

06-4248-cv

(

2007

)

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filed:

7/2/2007

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[

$660200_Ord

]

PDF version:

available

PDF

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570

]

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.

DOJ