Legal Opinion · Dissent

Pimper v. State Ex Rel. Simpson

Supreme Court of Georgia

Decided November 19, 2001No. S01A0946Published

1DissentHunstein, Justice

This appeal stems from an in personam RICO forfeiture complaint the Floyd County District Attorney filed against David and Amy Pimper and two corporations. The in personam nature of the complaint is incontrovertible, given the style of the complaint16 and the recital within the complaint specifying that it was brought pursuant to OCGA § 16-14-7 (m),17 the provision in the RICO forfeiture statute which authorizes in personam forfeitures. I have grave reservations regarding the use of in personam forfeiture proceedings in a case where, as here, none of the defendants had been convicted of or…

2Cases cited13 opinions

  1. Austin v. United StatesSupreme Court of the United States · 1993
  2. Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
  3. Libretti v. United StatesSupreme Court of the United States · 1995
  4. United States v. Michael Gilbert, Karen Gilbert, Michael Gilbert Family Irrevocable Trust, Third Party Claimants-AppelleesCourt of Appeals for the Third Circuit · 2001
  5. Collins v. Lombard Corp.Supreme Court of Georgia · 1998

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