Legal Opinion
United States v. Certain Real Property & Premises Known as: 4003-4005 5th Ave.
Court of Appeals for the Second Circuit
Decided May 18, 1995No. 659, Docket 94-6149PublishedCited by 52 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
Forfeiture proceedings, because they permit the Government in a civil action to seize property linked with criminal activities, often raise troublesome legal issues. In defending this civil action to confiscate his property after being convicted on federal narcotics charges, Juan A. Tapia-Ortiz created just such a troublesome issue when he attempted to withdraw a prior invocation of his Fifth Amendment privilege against self-incrimination.
Tapia-Ortiz twice invoked the privilege in refusing to answer the Government’s interrogatories early in this forfeiture proceeding.…
2Cases cited28 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
- Baxter v. PalmigianoSupreme Court of the United States · 1976
- Williams v. FloridaSupreme Court of the United States · 1970
- Austin v. United StatesSupreme Court of the United States · 1993
23 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Louis Vuitton Malletier S.A. v. LY USA, Inc.Court of Appeals for the Second Circuit · 2012
- Nabisco, Inc. v. PF Brands, Inc.Court of Appeals for the Second Circuit · 1999
- United States v. $133,420.00 in United States CurrencyCourt of Appeals for the Ninth Circuit · 2012
- United States v. $557,933.89, More or Less, in U.S. FundsCourt of Appeals for the Second Circuit · 2002
- Collazos v. United StatesCourt of Appeals for the Second Circuit · 2004
47 more not listed; retrieve them via the Exa API.