Legal Opinion

United States v. Cosme

Court of Appeals for the Second Circuit

Decided August 10, 2015No. 14-1625-crPublishedCited by 19 opinions

1Opinion of the Court

JOHN M. WALKER, JR., Circuit Judge:

William R. Cosme challenges the government’s restraint of his property during his prosecution on charges of wire fraud. Upon arresting Cosme in 2012, the government seized several of his assets, including his cars and two bank accounts. In August 2013, the district court issued an order allowing the government to hold the seized property until the conclusion of its criminal case. Cosme then unsuccessfully moved to vacate the order on the basis that it violated his Fourth Amendment rights because the government seized his assets without seeking a warrant. In…

2Cases cited16 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Mincey v. ArizonaSupreme Court of the United States · 1978
  5. Kaley v. United StatesSupreme Court of the United States · 2014

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3Cited by19 opinions

  1. Alexander v. City of SyracuseCourt of Appeals for the Second Circuit · 2025
  2. Harrell v. City of New YorkDistrict Court, S.D. New York · 2015
  3. United States v. All Assets Held at Bank JuliusDistrict Court, District of Columbia · 2017
  4. United States v. GrahamCourt of Appeals for the Second Circuit · 2022
  5. United States v. EspadaDistrict Court, E.D. New York · 2015

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