Legal Opinion
United States v. Bonventre
Court of Appeals for the Second Circuit
Decided June 19, 2013No. Docket 12-3574-cvPublishedCited by 21 opinions
1Opinion of the Court
JOHN M. WALKER, JR., Circuit Judge:
In United States v. Monsanto, 924 F.2d 1186 (2d Cir.1991) (en banc), we held that the Fifth and Sixth Amendments entitle a criminal defendant seeking to use restrained funds to hire counsel of choice to an adversarial, pre-trial hearing at which the court evaluates whether there is probable cause to believe (1) that the defendant committed the crimes that provide the basis for the forfeiture; and (2) that the contested funds are properly forfeitable.
Defendanb-Appellant Daniel R. Bonven-tre seeks a similar hearing in a civil action to recover restrained…
2Cases cited10 opinions
- Caplin & Drysdale, Chartered v. United StatesSupreme Court of the United States · 1989
- United States v. MonsantoSupreme Court of the United States · 1989
- Zappia Middle East Construction Company Limited v. The Emirate of Abu Dhabi, Abu Dhabi Investment Authority, and Abu Dhabi Commercial BankCourt of Appeals for the Second Circuit · 2000
- United States v. J. Richard JamiesonCourt of Appeals for the Sixth Circuit · 2005
- United States v. Peter MonsantoCourt of Appeals for the Second Circuit · 1991
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kaley v. United StatesSupreme Court of the United States · 2014
- United States v. BindayCourt of Appeals for the Second Circuit · 2015
- United States v. WattsCourt of Appeals for the Second Circuit · 2015
- United States v. GettoCourt of Appeals for the Second Circuit · 2013
- United States v. CosmeCourt of Appeals for the Second Circuit · 2015
16 more not listed; retrieve them via the Exa API.