Legal Opinion

United States v. Michael Gilbert, Karen Gilbert, Michael Gilbert Family Irrevocable Trust, Third Party Claimants-Appellees

Court of Appeals for the Third Circuit

Decided March 16, 2001No. 97-4578PublishedCited by 78 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

This appeal represents the latest — and we hope final — chapter in a protracted RICO prosecution which has already commanded the attention of four panels of this court. 1 Following our 1996 mandate setting aside the criminal forfeiture of Michael Gilbert’s interest in a California limited partnership, the Government moved the district court to force Michael Gilbert and his family 2 to file third-party petitions to reclaim their interests pursuant to 18 U.S.C. § 1963(Z), and to restrain the Gil-berts from the use and enjoyment of the previously forfeited property pending…

Also in this document: Concurrence.

2Cases cited65 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Koon v. United StatesSupreme Court of the United States · 1996
  3. Cort v. AshSupreme Court of the United States · 1975
  4. Russello v. United StatesSupreme Court of the United States · 1983
  5. Catlin v. United StatesSupreme Court of the United States · 1945

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3Cited by78 opinions

  1. United States v. BrowneCourt of Appeals for the Eleventh Circuit · 2007
  2. United States v. Park Place Associates, Ltd.Court of Appeals for the Ninth Circuit · 2009
  3. Preferred Sites, LLC v. Troup CountyCourt of Appeals for the Eleventh Circuit · 2002
  4. United States v. SeherCourt of Appeals for the Eleventh Circuit · 2009
  5. United States v. McHanCourt of Appeals for the Fourth Circuit · 2003

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