| FEAR's Brief Bank II Motions, pleadings and briefs |
| | Brief Bank II: indexed by issue |
| | *************************************************************************************************** |
| | Money judgments | [ | 628 | ] |
| | SUPPLEMENTAL MEMORANDUM REGARDING HEARING ON MOTION FOR RELEASE OF |
| | ASSITS TO PAY COUNSEL'S FEES |
| | If Claimants cannot demonstrate a need to use the seized assets to pay their attorneys, there is no need to |
| | have any hearing on whether the Government seized untainted, nonforfeitable assets. Thus Claimants should |
| | first have to show a need to use the assets before the Court delves into any issues of probable cause. Even if |
| | Claimants show need, the defendant real property was not seized, rather a lis pendens was filed. Because a lis |
| | pendens is not a restraint, the Government may file a lis pendens on any real property including property |
| | forfeitable only as substitute assets. Consequently, it is not necessary for the Court to delve into issues |
| | regarding forfeitability of the real property because no seizure has occurred. Even if Claimants demonstrate a |
| | need to use the seized bank accounts for attorney fees, these assets are still subject to pretrial seizure as |
| | substitute assets. |
| | by | DOJ |
| | U.S. | v. | $19,985.90 | E.D.N.C | 5:05-CV- | ( | 2006 | ) |
| | browser view: | BrowserView | filed: | 12/12/2006 |
| | Word Perfect | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | RichTextFormat | [ | GovSuppMem | ] |
| | PDF version: | available | [ | 537 | ] |
| | . |
| | CLAIMANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF THEIR |
| | MOTION FOR RECONSIDERATION OF ORDER DENYING RELEASE OF ASSETS TO PAY |
| | ATTORNEYS' FEES |
| | Magistrate Judge ruled that Claimants had met their burden of proving they needed assets released to pay |
| | attorneys fees. However, the court held that the named properties were potentially forfeitable as substitute |
| | assets to satisfy a possible money judgment of up to $4,306,500, representing Agent Fannelly's calculations |
| | of the allegedly lost California cigarette tax revenue. The court refused to credit Djeredjian's calculations, |
| | deciding they were entitled to less weight because they were submitted after the hearing and not subject to |
| | cross-examination. |
| | by | Grantland, Brenda/Zeszotarski, |
| | U.S. | v. | $19,985.90 | E.D.N.C | 5:05-CV- | ( | 2007 | ) |
| | browser view: | available | BrowserView | filed: |
| | Word Perfect | available | WordPerfect |
| | MS_Word version: | MSWord |
| | RTF version: | available | RichTextFormat | [ | motiionforreco | ] |
| | PDF version: | [ | 544 | ] |
| | . |
| | Sunday, May 20, 2007 | Page 1 of 6 |
Page 1. (c) 2006 Forfeiture Endangers American Rights Foundation