Legal Opinion · Dissent

Langbord v. United States Department of the Treasury

Court of Appeals for the Third Circuit

Decided August 1, 2016No. 12-4574Published

1DissentRendell, Circuit Judge

I respectfully dissent from Part IV.A of the majority’s opinion. The majority’s reasoning as to why CAFRA’s nonjudicial forfeiture provisions do not apply here is at best cryptic and, at worst, sets an incorrect and dangerous precedent that would allow the Government to nullify CAFRA’s provisions at will. In effect, the majority holds that the Government did not commence a nonjudicial forfeiture proceeding, and thus avoided the dictates of CAFRA, based mainly on its buy-in to the Government’s audacity — the Government’s say-so that it owned the 1933 Double Eagles and had no intention of…

2Cases cited16 opinions

  1. United States v. Parcel of Rumson, NJ, LandSupreme Court of the United States · 1993
  2. Howard H. Gilbert, Jr. v. City of CambridgeCourt of Appeals for the First Circuit · 1991
  3. Jim Floyd v. United StatesCourt of Appeals for the Tenth Circuit · 1988
  4. United States v. McHanCourt of Appeals for the Fourth Circuit · 2003
  5. Alberto Boero v. Drug Enforcement AdministrationCourt of Appeals for the Second Circuit · 1997

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