Legal Opinion

United States v. Miller

District Court, E.D. Virginia

Decided March 8, 2018No. Case No. 1:17–cr–213PublishedCited by 2 opinions

1Opinion of the Court

T. S. Ellis, III, United States District Judge

At issue in this mail and wire fraud, money laundering conspiracy, and identity *692theft prosecution is whether the Government improperly seized defendant's assets without probable cause to believe those assets will ultimately be proved at trial to be forfeitable as tainted, and not substitute assets. This issue has been fully briefed and argued and is ripe for disposition.

I

A procedural history of this case and the companion case of United States v. Wallis provides necessary context for the factual findings here.1 On October 5, 2015, the Government…

2Cases cited39 opinions

  1. Pinkerton v. United StatesSupreme Court of the United States · 1946
  2. Kaley v. United StatesSupreme Court of the United States · 2014
  3. United States v. MonsantoSupreme Court of the United States · 1989
  4. United States v. John VoigtCourt of Appeals for the Third Circuit · 1996
  5. United States v. Three Hundred Sixty Four Thousand Nine Hundred Sixty Dollars ($364,960.00) in United States CurrencyCourt of Appeals for the Fifth Circuit · 1981

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3Cited by2 opinions

  1. Arrowsmith, Liquidating Trustee v. First United Methodist Church Centre, AlabamaUnited States Bankruptcy Court, E.D. Virginia · 2023
  2. Rechnitz v. SchmidtCourt of Appeals for the Fifth Circuit · 2024

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