Monday, March 18, 2013

Cert granted in United States v. Kaley

This is Howard Srebnick and Richard Strafer's case dealing with whether a defendant is entitled to a pretrial hearing to challenge forfeiture.  SCOTUSBlog has this quick summary:

 The Court also granted review on whether an individual faced with the forfeiture of property that may be the proceeds of a crime has a right to a pre-trial hearing to challenge the basis for possible forfeiture.  The Justice Department agreed that the Court should address this issue because of a division among lower courts on it; the case is Kaley, et al. v. U.S. (12-464).

Here's the 11th Circuit opinion, which Judge Marcus wrote.  Judge Edmondson concurred but said he would have decided the case differently.  Judge Marra handled the case at the trial level.   There was a circuit split.

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