Legal Opinion
United States v. All Funds on Deposit
District Court, E.D. New York
Decided June 17, 1991No. CV-90-4117 (ADS)PublishedCited by 15 opinions
1Opinion of the Court
OPINION AND ORDER
SPATT, District Judge.
In United States v. Monsanto, 924 F.2d 1186 (2d Cir.1991) {en banc) {“Monsanto IV”), the Second Circuit held that in the context of a criminal forfeiture proceeding the Fifth and Sixth Amendments require an adversary, post-restraint, pretrial hearing as to probable cause to continue the restraint of assets needed to retain counsel of choice. Less than six months later, this Court is faced with the issue of whether the Monsanto IV safeguards are equally applicable in a civil forfeiture proceeding when the claimant is also the defendant in the related…
2Cases cited7 opinions
- United States v. 4492 South Livonia RoadCourt of Appeals for the Second Circuit · 1989
- United States v. Banco Cafetero Panama, Banco Cafetero Colon, Defendants-In-Rem-AppellantsCourt of Appeals for the Second Circuit · 1986
- United States v. Peter MonsantoCourt of Appeals for the Second Circuit · 1991
- Liscio v. WarrenCourt of Appeals for the Second Circuit · 1990
- United States v. Leasehold Interest in 121 Nostrand AvenueDistrict Court, E.D. New York · 1991
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Contents of Accounts Nos. 3034504504 & 144-07143 at Merrill, Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Third Circuit · 1992
- United States v. Michelle's LoungeCourt of Appeals for the Seventh Circuit · 1994
- Digital Equipment Corp. v. Currie EnterprisesDistrict Court, D. Massachusetts · 1991
- United States v. Contents of Account Numbers 208-06070 & 208-06068-1-2District Court, S.D. New York · 1994
- United States v. WalshCourt of Appeals for the Second Circuit · 2013
10 more not listed; retrieve them via the Exa API.