United States v. Shirley A. Jones, Mega-Universal Oxygen and Home Care Services, Inc., National Association of Criminal Defense Lawyers, Amicus Curiae

JOHN C. PORFILIO, Circuit Judge.

In these consolidated appeals we consider whether due process requires a district court to conduct a post-restraint, pre-trial adversarial hearing before continuing to freeze assets that a defendant allegedly needs for legal and living expenses. The federal criminal forfeiture statutes serve as our backdrop. We conclude that due process requires such a hearing if certain conditions are present.

I

The circumstances leading to the present appeals stem from an indictment returned against Mega-Universal Oxygen & Home Care Services, Inc., a corporation that provides…