United States v. Richard A. Ginsburg

FLAUM, Circuit Judge.

This appeal presents the issue of whether the government must prove beyond a reasonable doubt the existence, at the time of a defendant’s conviction, of any interest that the defendant has acquired in violation of section 1962 of the Racketeer Influenced and Corrupt Organizations chapter of the Organized Crime Control Act of 1970, 18 U.S.C. §§ 1961 et seq. (1982) (“RICO”), before the government can obtain a forfeiture of that interest under section 1963(a)(1) of RICO. A panel of this court, in reliance on prior decisions of this circuit, held in an unpublished order that…