United States v. Tomo Razmilovic, David E. Nachman, Kenneth Jaeggi, Movant-Appellant

WINTER, Circuit Judge.

Kenneth Jaeggi appeals from Judge Wexler’s denial of his motion to vacate an ex parte pretrial order freezing assets claimed by the government to be forfeita-ble proceeds of alleged securities, mail, and wire fraud offenses. We hold that 28 U.S.C. § 2461(c), enacted as part of the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”), does not authorize pretrial restraint of assets subject to criminal forfeiture. We therefore vacate the restraining order.

BACKGROUND

Jaeggi was the Senior Vice President of Finance and the Chief Financial Officer of Symbol Technologies, Inc.…