Legal Opinion

United States v. Ivanchukov

District Court, E.D. Virginia

Decided December 22, 2005No. CRIM. 1:04cr421PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

This is a criminal forfeiture proceeding stemming from a conviction of defendant and others for conspiracy to commit immigration fraud in violation of 18 U.S.C. § 371. The question presented is whether a $100,000 blank check given to the defendant by a co-conspirator, which defendant then gave to his attorney for the payment of legal services, must be forfeited to the government as illegal proceeds of the criminal conspiracy pursuant to 18 U.S.C. § 982(a)(6)(A)(ii) or, alternatively, as substitute assets pursuant to 21 U.S.C. § 853(p).

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2Cases cited15 opinions

  1. Caplin & Drysdale, Chartered v. United StatesSupreme Court of the United States · 1989
  2. United States v. MonsantoSupreme Court of the United States · 1989
  3. United States v. Wayne Gaskin, AKA "Atiba," and Al CastleCourt of Appeals for the Second Circuit · 2004
  4. United States v. Dustin John HiggsCourt of Appeals for the Fourth Circuit · 2003
  5. United States v. DeFries, Clayton E.Court of Appeals for the D.C. Circuit · 1997

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3Cited by5 opinions

  1. United States v. PoulinDistrict Court, E.D. Virginia · 2010
  2. United States v. BaileyDistrict Court, W.D. North Carolina · 2013
  3. People v. MingoAppellate Division of the Supreme Court of the State of New York · 2008
  4. United States v. $860,000.00 seized from Crypto.com account associated with User Id 44994111District Court, E.D. Virginia · 2025
  5. United States v. Jian-Yun DongDistrict Court, D. South Carolina · 2017

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