United States v. Lazarenko

ORDER RE: SUMMARY JUDGMENT

CHARLES R. BREYER, District Judge.

This case compels the Court to delve into a complex and easily-misunderstood area of the law: the protection of third party rights in criminal forfeiture. In their motion for summary judgment, claimant Eurofed contends that a third party may use the “ancillary proceeding” established by 21 U.S.C. § 853(n) to raise any argument whatsoever, and may thereby relitigate the forfeitability of the property seized. Contrarily, the government argues in its motion for summary judgment that a third party is limited in an ancillary proceeding to…