Legal Opinion

Piedade Pedro De Almeida, Harber Corporation, Gatex Corporation, Mabon Corporation v. United States

Court of Appeals for the Second Circuit

Decided July 28, 2006No. Docket 05-2337-cv(L), 05-2338-cv(CON), 05-2340-cv(CON), 05-2474-cv(CON)PublishedCited by 40 opinions

1Opinion of the Court

DENNIS JACOBS, Circuit Judge.

Petitioners moved under Fed. R.Crim. Pro. 41(g) for the return of New York bank accounts that they claim to own and that were seized by criminal forfeiture to the United States government. They appeal from the judgment of the United States District Court for the Southern District of New York (Castel, J.), dismissing their motion. The district court declined to exercise jurisdiction because it found that an adequate remedy at law was available via a 21 U.S.C. § 853 ancillary proceeding in the criminal forfeiture action then pending in the United States District…

2Cases cited15 opinions

  1. Louis Sager Hunsucker, Jr. v. Robert L. Phinney, District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1974
  2. Luis Mora v. United StatesCourt of Appeals for the Second Circuit · 1992
  3. United States of America, Alice Harris, Claimant/appellant v. U.S. Currency, $83,310.78Court of Appeals for the Ninth Circuit · 1988
  4. United States of America (Drug Enforcement Agency) v. In Re One 1987 Jeep Wrangler Automobile Vin 2bccl8132hbs12835, Izaak Draper, Claimant-AppellantCourt of Appeals for the Second Circuit · 1992
  5. Jim Floyd v. United StatesCourt of Appeals for the Tenth Circuit · 1988

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3Cited by40 opinions

  1. Diaz v. United StatesCourt of Appeals for the Second Circuit · 2008
  2. Dsi Associates LLC v. United StatesCourt of Appeals for the Second Circuit · 2007
  3. United States v. WattsCourt of Appeals for the Second Circuit · 2015
  4. United States v. Grayson Enterprises, Inc.Court of Appeals for the Seventh Circuit · 2020
  5. United States v. DupreeDistrict Court, E.D. New York · 2011

35 more not listed; retrieve them via the Exa API.

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