Forfeiture Endangers American Rights

F.E.A.R. Brief Bank


BRIEF BANK
Digest of Briefs
Indexed by issue


[Revised 3/13/2004 by Brenda Grantland]

Alphabetical index of issues
Attorney’s fees
California Law Sunset
Cash transaction reporting violation forfeitures
Counsel
Drug courier profile
Due Process clause
Due Process notice
Excessive Fines clause
Facilitation
Fifth Amendment
Fourth Amendment
Hardship petition
Illegal Search and Seizure
Innocent spouse
Innocent partner
Innocent owner
Laches
Landlord
Lienholder
Lot or parcel
Moneylaundering
Notice (due process)
Parcel of land
Privilege Against Self Incrimination
Proceeds
Proportionality
Release of property pending trial
Right to jury trial
Right to counsel
Self Incrimination
Speedy trial
Standing
Statute of limitations
Stay pending appeal
Stay pending outcome of criminal case
Summary judgment
Sunset
Suppression of illegally seized evidence
Taint
Undue delay
Vacating default


Alphabetical Index by Issues Argued

    Attorney's fees

Supplement to Rule 41(e) motion in the Marolf case, U.S.Dist.Ct.C.D.Cal. 1997 (S. Perez)
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     California forfeiture statute sunset

Motion for summary judgment by lienholder - California state court case 1996 (argues lienholder validly foreclosed while forfeiture was pending, thus there was nothing to forfeit; that California forfeiture law expired with the sunset, leaving no applicable forfeiture law; undue delay.  (B. Grantland)
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     Cash Transaction Reporting forfeitures

     Drug courier profiles

Motion to dismiss for lack of probable cause, re: cash seized in airport - U.S. Dist. Ct. S.D. Cal. 1998 (R. Barnett)
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    Due process

"Ordinance challenged based on due process and excessive fines clause violations, specifically conflict of interest grounds based on pecuniary interests of cops and City Attorney". Submitted on 9/12/03 by Mark Clausen
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Motion for summary judgment that forfeiture of home would be unconstitutionally disproportionate, undue delay - U.S.Dist.Ct. D.C. 1990; (note: this predates Austin, so you'll need to update the case law; also discusses due process requirements because forfeiture is punitive)  (B. Grantland)
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    Excessive Fines

"Ordinance challenged based on due process and excessive fines clause violations, specifically conflict of interest grounds based on pecuniary interests of cops and City Attorney". Submitted on 9/12/03 by Mark Clausen
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    Facilitiation

Brief from U.S. v. 9844 S. Titan Court - 10th Cir. 1994.   Issues: (1.) Whether the trial court erred in refusing to allow claimants to move to suppress evidence. (2.) Whether the trial court erred in granting summary judgment for the government. (3.) Whether the trial court erred in forfeiting unit 10, when there was no evidence that it was used to facilitate drug trafficking, but was "tainted" according to the government's theory because it adjoined Unit 9.  (4.) Whether the trial court erred in holding that Frances May owned no defensible interest in marital property, and therefore could not assert an innocent owner defense at all. (5.) Whether the district court applied the wrong standard in determining whether the forfeiture was disproportionate to the offense. (B. Grantland)
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    Fourth Amendment - Illegal Search & Seizure

Brief from U.S. v. 9844 S. Titan Court - 10th Cir. 1994.   Issues: (1.) Whether the trial court erred in refusing to allow claimants to move to suppress evidence. (2.) Whether the trial court erred in granting summary judgment for the government. (3.) Whether the trial court erred in forfeiting unit 10, when there was no evidence that it was used to facilitate drug trafficking, but was "tainted" according to the government's theory because it adjoined Unit 9.  (4.) Whether the trial court erred in holding that Frances May owned no defensible interest in marital property, and therefore could not assert an innocent owner defense at all. (5.) Whether the district court applied the wrong standard in determining whether the forfeiture was disproportionate to the offense. (B. Grantland)
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Motion to suppress evidence for pretext stop of car - D.C. drug forfeiture statute, D.C. Superior Ct. 1988 (B. Grantland)
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Points and authorities in support of suppression motion above, D.C. Superior Ct. 1988 (B. Grantland)
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    Fourth Amendment - Probable cause and timeliness of hearing

"Ordinance challenged based on due process and excessive fines clause violations, specifically conflict of interest grounds based on pecuniary interests of cops and City Attorney". Submitted on 9/12/03 by Mark Clausen
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    Hardship petition

"Petition to court for an order releasing the Defendant property to Claimant pursuant to 18 U.S.C. §983(f)". Submitted on 11/11/03 by Frederick M. Reich
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    Innocent business partner/shareholder

    Innocent owner

    Innocent spouse

Brief from U.S. v. 9844 S. Titan Court - 10th Cir. 1994.   Issues: (1.) Whether the trial court erred in refusing to allow claimants to move to suppress evidence. (2.) Whether the trial court erred in granting summary judgment for the government. (3.) Whether the trial court erred in forfeiting unit 10, when there was no evidence that it was used to facilitate drug trafficking, but was "tainted" according to the government's theory because it adjoined Unit 9.  (4.) Whether the trial court erred in holding that Frances May owned no defensible interest in marital property, and therefore could not assert an innocent owner defense at all. (5.) Whether the district court applied the wrong standard in determining whether the forfeiture was disproportionate to the offense. (B. Grantland)
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    Laches

Reply to Government's Opposition to Rule 41(e) motion in the Marolf case, U.S. Dist.Ct. C.D. Cal. 1997  (S. Perez)
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    Landlord

    Lienholder

Motion for summary judgment by lienholder in §881 case involving land - California state court case 1996 (argues lienholder validly foreclosed while forfeiture was pending, thus there was nothing to forfeit; that California forfeiture law expired with the sunset, leaving no law to forfeit with; undue delay.  The government caved in and gave the property back rather than respond!)   (B. Grantland)
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    Lot or parcel, defined

Brief from U.S. v. 9844 S. Titan Court - 10th Cir. 1994.   Issues: (1.) Whether the trial court erred in refusing to allow claimants to move to suppress evidence. (2.) Whether the trial court erred in granting summary judgment for the government. (3.) Whether the trial court erred in forfeiting unit 10, when there was no evidence that it was used to facilitate drug trafficking, but was "tainted" according to the government's theory because it adjoined Unit 9.  (4.) Whether the trial court erred in holding that Frances May owned no defensible interest in marital property, and therefore could not assert an innocent owner defense at all. (5.) Whether the district court applied the wrong standard in determining whether the forfeiture was disproportionate to the offense. (B. Grantland)
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    Money laundering

    Notice (due process)

Supplement to Rule 41(e) motion in the Marolf case, U.S.Dist.Ct.C.D.Cal. 1997 (S. Perez)
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Rule 41(e) motion for return of guns, U.S. Dist. Ct. N. D. Cal 1997, (B. Grantland)
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    Privilege against self-incrimination

    Proceeds

    Proportionality

Memorandum regarding proportionality of forfeiture of ranch for 21 U.S.C. §853 manufacturing methamphetamine  - U.S.Dist.Ct.N.D.Cal 1995,  (B. Grantland)
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Declaration of chemist on value of drugs, in support of above memorandum - U.S.Dist.Ct.N.D.Cal 1995,  (B. Grantland)
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Motion for reconsideration, in support of above memorandum - U.S.Dist.Ct.N.D.Cal 1995,  (B. Grantland)
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Brief from U.S. v. 9844 S. Titan Court - 10th Cir. 1994.   Issues: (1.) Whether the trial court erred in refusing to allow claimants to move to suppress evidence. (2.) Whether the trial court erred in granting summary judgment for the government. (3.) Whether the trial court erred in forfeiting unit 10, when there was no evidence that it was used to facilitate drug trafficking, but was "tainted" according to the government's theory because it adjoined Unit 9.  (4.) Whether the trial court erred in holding that Frances May owned no defensible interest in marital property, and therefore could not assert an innocent owner defense at all. (5.) Whether the district court applied the wrong standard in determining whether the forfeiture was disproportionate to the offense. (B. Grantland)
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Motion for summary judgment that forfeiture of home would be unconstitutionally disproportionate, undue delay - U.S.Dist.Ct. D.C. 1990; (note: this predates Austin, so you'll need to update the case law; also discusses due process requirements because forfeiture is punitive)  (B. Grantland)
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Motion for summary judgment arguing forfeiture of car for simple possession of tiny amount of drugs would be disproportionate  - Maryland state court case 1988  (note: this predates Austin, so you'll need to update the case law)   (B. Grantland)
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    Right to counsel

    Right to jury trial

NEW!  Motion arguing the right to a jury trial in a Rule 41(g) proceeding, U.S. Dist. Ct. Alaska 2004 (by pro se FEAR member John Collette)
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Memorandum to the court on the right to a jury trial on the severed criminal forfeiture counts after a conviction on the underlying criminal count, 1996, Toyfoya, (B. Grantland)
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    Speedy Trial

Rule 41(e) motion for return of car & personal property, documents,  U.S. Dist. Ct., D.C. 1992, (B. Grantland)
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Points & authorities in support of Rule 41(e) motion above, U.S. Dist. Ct., D.C.,1992, (B. Grantland)
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Motion to dismiss for 7 years pretrial delay - D.C. Superior Court 1989 (B. Grantland)
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Points and authorities in support of above motion -   D.C. Superior Court 1989 (B. Grantland)
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Motion for summary judgment by lienholder in §881 case involving land - California state court case 1996 (argues lienholder validly foreclosed while forfeiture was pending, thus there was nothing to forfeit; that California forfeiture law expired with the sunset, leaving no law to forfeit with; undue delay.  The government caved in and gave the property back rather than respond!)   (B. Grantland)
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    Standing

Certiorari petition - forfeiture of coins, money and car for structuring  - 1993 case originating from 11th Circuit; (issue: did court err by dismissing claim of family trust for lack of standing; straw owner theory) (B. Grantland)
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     Statute of limitations

Opening brief from U.S. v. Marolf - 9th Cir. 1997  Issue:  1. Whether the District Court erred in determining, on the merits, the forfeiture of a yacht under 21 U.S.C. §881, rather than ordering its return, after it found that the administrative forfeiture was void and that the government's five-year statute of limitations for forfeiture had expired? (S. Perez)
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Reply brief from U.S. v. Marolf - 9th Cir. 1997  (S. Perez)
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Supplement to Rule 41(e) motion in the Marolf case, U.S.Dist.Ct.C.D.Cal. 1997 (S. Perez)
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Reply to Government's Opposition to Rule 41(e) motion in the Marolf case, U.S. Dist.Ct. C.D. Cal. 1997  (S. Perez)
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    Stay pending outcome of related criminal case or investigation

    Stay pending appeal

Motion to stay judgment pending appeal - criminal forfeiture, U.S.Dist.Ct.N.D.Cal. 1996, (B. Grantland)
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Memorandum re: court's power to stay judgment pending appeal - criminal forfeiture, U.S.Dist.Ct.N.D.Cal.1996, (B. Grantland)
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Reply memorandum re: court's power to stay judgment pending appeal - criminal forfeiture, U.S.Dist.Ct.N.D.Cal.1996, (B. Grantland)
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Opposition to Motion to Stay - civil forfeiture, U.S.Dist.Ct.D.Vt., (Meub Associates, Inc.)
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    Summary judgment 

Brief from U.S. v. 9844 S. Titan Court - 10th Cir. 1994.   Issues: (1.) Whether the trial court erred in refusing to allow claimants to move to suppress evidence. (2.) Whether the trial court erred in granting summary judgment for the government. (3.) Whether the trial court erred in forfeiting unit 10, when there was no evidence that it was used to facilitate drug trafficking, but was "tainted" according to the government's theory because it adjoined Unit 9.  (4.) Whether the trial court erred in holding that Frances May owned no defensible interest in marital property, and therefore could not assert an innocent owner defense at all. (5.) Whether the district court applied the wrong standard in determining whether the forfeiture was disproportionate to the offense. (B. Grantland)
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   Taint - "expanding drop of ink" theory

    Vacating defaults