Roberts v. United States

In this case, a third party with a claimed interest in real property that is currently the subject of a protective order in a criminal forfeiture proceeding has filed a separate civil suit against the United States concerning the property. She claims that the restraint on her property in the criminal case is an unconstitutional taking without due process in violation of the Fifth Amendment, and asks for declaratory and “other appropriate” relief.

We hold that this suit is clearly barred under 21 U.S.C. § 853(k)(2), and that appellant may properly raise her constitutional claims only before the…