Administrative forfeiture claim - CAFRA case - (2003) -
Grantland [CAFRAadminClaim][Word
Perfect 6-10 |
Word/RTF
format]
Pre-CAFRA administrative claim, 1990, blank, (B. Grantland) (this claim form should be used in non-CAFRA cases, such as Customs seizures) [claim002][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
| Note: In Forma Pauperis forms are no longer needed in CAFRA cases because the cost bond has been abolished. However, the cost bond has not been abolished in non-CAFRA cases -- such as Customs cases. If you are indigent and can't afford to post the cost bond, you'll need to submit an In Forma Pauperis form. If you have time, it's best to request an IFP form from the seizing agency. If you don't have time, modify one of the forms below so you can send it in on time, and enclose a letter asking the seizing agency to let you know if the IFP petition you filed is not in the proper format |
DEA In Forma Pauperis petition, 1990, (B. Grantland) [ifp001][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
FBI In Forma Pauperis petition, 1990, blank, (B. Grantland) [ifp002][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
| Note: A petition for remission or mitigation is an inferior remedy because there is no judge -- the petition is decided by the seizing agency, and claimants usually lose. Do not waive your right to a day in court by pursuing one of these remedies instead of filing a claim. If the agency allows you to both file a claim (and thereby get judicial remedies) and also file a petition for remission or mitigation, then there's no harm pursuing this remedy. If you've missed your deadline for filing a claim (and therefore have no right to judicial remedies at all) then a petition for remission/mitigation is your only option. |
Offer in
compromise [no
samples available]
Judicial Claim - (now called Statement of Interest after CAFRA)
Verified statement of interest (previously called a “judicial
claim”) - CAFRA case - 2002 [[CAFRAjudicialClaim][Word
Perfect 6-10 |
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format]
Verified claim of owner of
house
seized under 21 U.S.C. §881, U.S. Dist. Ct., D.C. 1992,
(B. Grantland) [vclaim001][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Verified claim for bank account seized under 21 U.S.C. §881, U.S. Dist. Ct., D.C. 1989, (B. Grantland) [vclaim002][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Federal
Answer to forfeiture complaint - (C.D.Cal. 2002) - Grantland (asserts Fifth Amendment privilege. Defenses: illegal search &
seizure, Excessive Fines clause) [answer258a][Word
Perfect 6-10 |
Word/RTF
format]
Answer to 21 U.S.C. § 881
complaint
- re: seizure of home; (defenses: illegal search & seizure,
innocent
owner, proportionality, temporary taking; counterclaim for attorney's
fees;
jury demand) U.S.Dist.Ct.-D.C. 1992, (B. Grantland)
[ans002][Word Perfect 6-8
| Word Perfect 5.1 | MS Word for Mac 5.1]
Answer to 21 U.S.C. § 881 complaint - re: seizure of home; (defenses: innocent owner, undue delay, proportionality; counterclaim for eviction without compliance with D.C. Landlord-Tenant eviction law; jury demand) U.S.Dist.Ct.-D.C. 1989, (B. Grantland) [ans001][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
District of Columbia
Answer to
complaint
- D.C. drug forfeiture statute, money & jewelry seized with owner
not
arrested; issues: service of process, undue delay; counterclaims under
42 U.S.C. 1983 and for interest; D.C. Superior Ct. 1989,(B. Grantland)
[ans003][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Answer to complaint- D.C. drug forfeiture statute, money seized from car, owner not arrested; issues: illegal search and seizure; counterclaim for attorney fees under Rule 11; D.C. Superior Ct. 1989, (B. Grantland) [ans004][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
| This type of motion is filed before the deadline for filing an answer, but after the judicial claim. In federal cases it is governed by Rule 12(b)(6) of the Federal Rules of Civil Procedure. In state courts it is sometimes called a "demurrer." The purpose is to allow the court to review whether the government's forfeiture complaint states a claim for forfeiture. In deciding this motion the court assumes the allegations the government makes in its complaint are true, and rules whether or not that would be sufficient grounds for forfeiting the property. This is a good way to attack the complaint for lack of specificity, or for missing early deadlines or the statute of limitations |
Motion to dismiss for lack of probable cause, re: cash seized in airport - (S.D. Cal. 1998) - R. Barnett [dismiss001][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Motions
for release of seized property for substantial hardship
Motion
for Release Of Seized
Property pursuant to 18 U.S.C. §983(f) -
U.S. Dist. Ct. S.D. Cal. 2003 (Frederick Reich) [release001][Word
Perfect] | MS
Word]
Motion for
interlocutory sale of subject property
Motion for interlocutory sale to preserve a
restrained asset,
brought by third parties in a criminal forfeiture proceeding
(N.D. Cal. 2003) - Grantland (Issues: third parties request for equitable relief pending trial
in criminal forfeiture proceeding; substitute assets may not be
restrained pretrial) [interlocutorySalePA][Word
Perfect 6-10
| Word/RTF
format]
Reply re: motion for interlocutory sale (N.D. Cal. 2003) - Grantland (Issues: jurisdiction to provide equitable relief to third parties prior to trial, court may order lis pendens lifted) [replyinterlocutorysale][Word Perfect 6-10 | Word/RTF format]
Collection of assorted forfeiture
interrogatory
questions from assorted cases (to give you ideas) - (B. Grantland) [rog001][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Interrogatories for D.C. case for
forfeiture
of truck for drug facilitation - D.C. Superior Ct. 1989 (B.
Grantland) [rog002][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Interrogatories for California state
forfeiture of land - Superior Ct. El Dorado County 1996; (innocent
lienholder who foreclosed while forfeiture was pending, property seized
under drug statute) (B. Grantland) [rog003][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Interrogatories for cash transaction reporting requirement money seizure case - U.S.Dist.Ct. Tenn. 1995; (Fed Ex package searched by Customs at virtual border) (B. Grantland) [rog004][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Objections to interrogatories [no samples available]
Notice of deposition [no
samples available]
Requests for production of
documents
& tangible evidence
Documents requests for bank account seizure under 21 U.S.C. §881, U.S.Dist.Ct. D.C. 1989 (B. Grantland) [docreq001][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Answers/Objections to
documents
requests
Response to documents request (D.C. Cal. 2002) - Grantland [respdocreq][Word
Perfect 6-10 | Word/RTF
format]
Response to documents requests with objections to release of IRS records - U.S.Dist.Ct. Tenn 1995 (B. Grantland) [docans001][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Request for admissions - Aguirre (D.N.Mex. 2000) - Grantland (requesting admission of genuineness of document) [reqAdmissions1][Word
Perfect 6-10 | Word/RTF
format]
Answer to request for
admissions [no
samples available]
Motion to compel discovery [no
samples available]
Motion for sanctions for discovery violations [no
samples available]
FOIA request
FOIA request to the DEA for
documents showing
where administrative forfeiture notices were sent, and what mail was
returned
to sender undelivered, 1996, (B. Grantland) [foia001][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Motion to vacate default [no
samples available]
Stipulation extending time to file motion - (S.D.N.Y. 1998) -
Grantland [StipExtTime][Word
Perfect 6-10 | Word/RTF
format]
Motion to late file response to complaint (with consent of prosecutor) - (S.D.N.Y. 1998) - Grantland [latefilemotion][Word Perfect 6-10 | Word/RTF format]
Offer of judgment under Rule 68
of Fed. Rules of Civil Procedure - U.S.Dist.Ct. D.C. 1990 (B.
Grantland) [offerjud001][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
| Sometimes -- usually when there is a big rush to rule on something -- judges ask you to file a letter brief instead of a properly formatted formal brief complying with the rules of procedure. It looks just like it sounds -- legal argument with citations, but in a letter format |
Notice of
supplemental authorities
Notice of supplemental authorities - (C.D.Cal. 2002) -
Grantland (Issues: standing of cohabiting spouse to defend forfeiture of
real estate, resulting trust, constructive trust) [NoticeSuppAuth][Word
Perfect 6-10 | Word/RTF
format]
Objections to
magistrate judge's recommended findings
| Note: In federal cases, when an evidentiary hearing is held before a magistrate judge instead of an Article III judge, and the magistrate issues proposed findings of fact and conclusions of law, failing to object to the magistrate judge's proposed findings may result in waiving your rights to appeal the decision once the Article III judge rules on it. |
Objections to magistrate’s recommended findings in 41(g) motion - (D.N.Mex. 2000) - Grantland (Issues: standing, laches, denial of evidentiary hearing) [objectionstomagistrate][Word Perfect 6-10 | Word/RTF format]
Motion to Amend a Transcript to Add an omitted tape recorded deposition which was played at trial - D. Alaska, 2004 (John Collette, pro se) [motion_amend_transcripts][Word
Perfect 6-10 | Word/RTF
format]
Notice of appeal - (D.N.Mex. 2000) - Grantland [noticeappeal][Word
Perfect 6-10 | Word/RTF
format]
Points & authorities in support
of Rule 41(e) motion above, U.S. Dist. Ct., D.C.,1992, (B.
Grantland)
[41e004][Word Perfect 6-8]
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Motion
to dismiss for 7 years
pretrial
delay - D.C. Superior Court 1989 (B. Grantland) [delay001][Word
Perfect 6-8
| Word
Perfect 5.1 | MS
Word 6 | MS
Word for Mac 5.1]
Points and authorities in support of motion to dismiss for undue delay - D.C. Superior Court 1989 (B. Grantland) [delay002][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Gonzales v. Albuquerque - Amended plaintiff's response to Defendant's Motion for Summary Judgment
- (in a § 1983 proceeding challenging the City of Albuquerque's
policies and practices in seizing and detaining property (Joseph
Kennedy/shannon Oliver, 1-27-2004) [Gonzales1][Word
Perfect 6-10 | Word/RTF
format]
Gonzales v. Albuquerque - Plaintiff's Memorandum in Support of Motion for Summary Judgment
- (Joseph
Kennedy/shannon Oliver, 1-27-2004) [Gonzales2][Word
Perfect 6-10 | Word/RTF
format]
Aguirre reply summary judgment - (D.N.Mex. 2002) Grantland [replysummjud][Word Perfect 6-10 | Word/RTF format]
Aguirre opposition to summary judgment - (D.N.Mex. 2002)
Grantland (Issues: amendment of pleadings to add new claims, facts in
dispute,
abandonment, res judicata, statute of limitations for Rule 41(g)
motions, no innocent ownership requirement, law of the case) [AguirreOppSummJ][Word
Perfect 6-10 | Word/RTF
format]
Aguirre reply summary judgment - (D.N.Mex. 2002) Grantland [replysummjud][Word
Perfect 6-10 | Word/RTF
format]
Aguirre opposition to summary judgment - (D.N.Mex. 2002)
Grantland (Issues: amendment of pleadings to add new claims, facts in
dispute,
abandonment, res judicata, statute of limitations for Rule 41(g)
motions, no innocent ownership requirement, law of the case) [AguirreOppSummJ][Word
Perfect 6-10 | Word/RTF
format]
Aguirre reply to statement of material facts - (D.N.Mex. 2002)
Grantland (Issues: summary judgment, collateral estoppel) [Aguirrereplymaterialfacts]Word
Perfect 6-10 | Word/RTF
format]
Due process/notice summary judgment motions from Patterson v. D.C., an ancient (but still active) § 1983 action against the District of Columbia for due process
notice violations under color of District of Columbia forfeiture laws - available only in PDF format:
• Plaintiffs' original motion for summary judgment on behalf of
plaintiffs Hinton & Layne, whose property was seized and
sold/destroyed before they were given notice and the opportunity to
claim their property [PatterMOSJ1] - (Grantland, 10-20-1993)<><>
• D.C. Government's response to the Hinton/Layne motion for summary judgment [PatterMOSJ1r] - (11-22-1988)
• D.C. Government's response to the supplement [PatterMOSJ2r] - (9-11-1989)
• Plaintiffs' Reply to D.C. Government's response [PatterMOSJ3] - (Grantland, 10-19-1991)
• Plaintiff's Response to Defendant's Submission to the Court - [PatterMOSJ4] - (2-28-1992)
• Plaintiffs' Proposed Order [PatterMOSJpo]
Motion for
summary
judgment that forfeiture
of home would be unconstitutionally disproportionate, undue delay -
U.S.Dist.Ct. D.C. 1990; (note: this predates Austin, so you'll
need
to update the case law; also discusses due process requirements because
forfeiture is punitive) (B. Grantland) [mosj001][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Motion for
summary
judgment arguing
forfeiture of car for simple possession of tiny amount of drugs would
be
disproportionate - Maryland state court case 1988
(note:
this predates Austin, so you'll need to update the case
law)
(B. Grantland) [mosj002][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Motion for
summary
judgment by lienholder
in §881 case involving land - California state court case 1996
(argues lienholder validly foreclosed while forfeiture was pending,
thus
there was nothing to forfeit; that California forfeiture law expired
with
the sunset, leaving no law to forfeit with; undue delay. The
government
caved in and gave the property back rather than respond!)
(B. Grantland) [mosj003][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Statement of
Material Facts As To Which
There Is No Genuine Dispute - in support of above California
summary
judgment motion (B. Grantland) [mosj004][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Settlement
conference statement
Settlement conference statement - (N.Dist.Cal. 2003)
- Grantland [SettlementConfStatement][Word
Perfect 6-10 | Word/RTF
format]
Aguirre trial memorandum - (D.N.Mex. 2002) Grantland (Issues: burden of proof at 41(g) trial, relation back doctrine,
doctrine that one can’t acquire an interest in proceeds is now invalid,
law of the case, presumption of ownership from possession, statute of
limitations in 41(g), judicial forfeiture limited to items specifically
described in complaint, Admiralty Rule C, abandonment, due process) [AguirreTrialMemo][Word
Perfect 6-10 | Word/RTF
format]
Jury instructions [no samples available]
Memorandum to the court on the right to a jury trial on the severed criminal forfeiture counts after a conviction on the underlying criminal count, (N.D. Cal.1996), Toyfoya, (B. Grantland) [crimf001][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Motions to
suppress - (civil and criminal)
Motion
to suppress on Franks grounds (false or incomplete information in affidavit to secure search warrant) - D. Hawaii, 2003 (Shawn Perez) [voss_motion][Word
Perfect 6-8
| MS
Word]
Points
and
authorities in support of
suppression motion above, D.C. Superior Ct. 1988 (B. Grantland) [supp002][Word
Perfect 6-8
| Word
Perfect 5.1 | MS
Word 6 | MS
Word for Mac 5.1]
Suppression motion for traffic stop - Superior Court of Sonoma County, CA, 2000 (Mark Clausen) - (Note the humorous poem in the introduction) Issues: traffic stop, detention too prolonged, lack of consent to search, reasonable suspicion) [Rodriguez15385][Word Perfect 6-10 | Word/RTF format]
Motion to suppress evidence for pretext stop of car - D.C. drug forfeiture statute, D.C. Superior Ct. 1988 (B. Grantland) [supp001][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Points and authorities in support of suppression motion above, D.C. Superior Ct. 1988 (B. Grantland) [supp002][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Proportionality
motions - (civil and criminal)
Memorandum
regarding
proportionality
of forfeiture of ranch for 21 U.S.C. §853 manufacturing
methamphetamine
- U.S.Dist.Ct.N.D.Cal 1995, (B. Grantland) [prop001][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Declaration of
chemist on value of
drugs, in support of above memorandum - U.S.Dist.Ct.N.D.Cal
1995,
(B. Grantland) [prop002][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Motion for reconsideration, in support of above memorandum - U.S.Dist.Ct.N.D.Cal 1995, (B. Grantland) [prop003] Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Stay of judgment pending appeal - (civil and criminal)
Motion to stay
judgment pending appeal
- criminal forfeiture, U.S.Dist.Ct.N.D.Cal. 1996, (B. Grantland) [crimf002][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Memorandum re:
court's power to stay
judgment pending appeal - criminal forfeiture,
U.S.Dist.Ct.N.D.Cal.1996,
(B. Grantland) [crimf003][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Reply
memorandum
re: court's power
to stay judgment pending appeal - criminal forfeiture,
U.S.Dist.Ct.N.D.Cal.1996,
(B. Grantland) [crimf004][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Opposition
to
Motion to Stay - civil forfeiture, D.Vt.,
(Meub Associates, Inc.)
[opposition][MS Word]
Rule
41(g)
proceedings (formerly called 41(e) proceedings)
| Rule 41(g) of the Federal Rules of Criminal Procedure provides a remedy for return of propery that is illegally held. A
Rule 41(g) motion can be filed in the criminal case, but if there is no
criminal case pending, many jurisdictions call the remedy a civil
equitable proceeding for the return of seized property rather than a
Rule 41(g) proceeding. Note: You cannot file a Rule 41(g) motion or equitable proceeding if the government has commenced civil (administrative or judicial) forfeiture or criminal forfeiture proceedings against the property -- your remedy is limited to litigating the forfeiture case. If the government has commenced administrative forfeiture proceedings against your property but failed to serve you, your remedy may be limited to a motion to set aside the declaration of administrative forfeiture, pursuant to 18 U.S.C. § 983(e). |
Motion arguing the right to a jury trial in a Rule 41(g) proceeding, U.S. Dist. Ct. Alaska 2004 (by FEAR member John Collette, pro se) (Issues: although Rule 41(g) is normally an equitable proceeding, claimant should be entitled to a jury trial in a Rule 41(g) proceeding since he would have been entitled to a jury trial in the forfeiture case had the government given him notice) [motion_for_jury_trial][Word Perfect 6-10 | MS Word 6 | Rich Text Format (RTF)]
Reply to Government's Opposition to Rule 41(e) motion in the Marolf case, U.S. Dist.Ct. C.D. Cal. 1997 (S. Perez) [41e008][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Rule 41(e) motion for return of car & personal property, documents, U.S. Dist. Ct., D.C. 1992, (B. Grantland) [41e003][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1] (innocent owner, undue delay)
Civil
rights suits challenging the constitutionality of forfeiture
practices/procedures
Gonzales v. Albuquerque - Amended plaintiff's response to Defendant's Motion for Summary Judgment
- (in a § 1983 proceeding challenging the City of Albuquerque's
policies and practices in seizing and detaining property (Joseph
Kennedy/Shannon Oliver, 1-27-2004) [Gonzales1][Word
Perfect 6-10 | Word/RTF
format]
Gonzales v. Albuquerque - Plaintiff's Memorandum in Support of Motion for Summary Judgment
- (Joseph
Kennedy/Shannon Oliver, 3-31-2004) [Gonzales2][Word
Perfect 6-10 | Word/RTF
format]
Gonzales v. Albuquerque - Plaintiff's Response to Defendant's 12(b)(6) Motion to Dismiss - (Joseph Kennedy/Shannon Oliver, 8-3-2004) [Gonzales2][Word Perfect 6-10 | Word/RTF format]
Jones v. City of Albuquerque, § 1983 complaint challenging seizure and retention of property without following forfeiture procedures (D.N.Mex. 2004) - Neal-Post (Issues: Fourth Amendment, Due Process, municipal policy violates Due Process, Failure to train and supervise, injunctive relief) [Jones1983Complaint][Word Perfect 6-10 | Word/RTF format]Aguirre 1 brief - (10th Cir. 2000) Grantland (Issues: standing, laches, Rule 41(g), government’s statute of
limitations) [Aguirre1brief][Word
Perfect 6-10 |
Word/RTF
format]
Aguirre 1 reply brief - (10th Cir. 2000) Grantland (Issues: standing, laches, Rule 41(g), government’s statute of
limitations, 12(b) motion to dismiss) [Aguirre1replybrf][Word
Perfect 6-10 |
Word/RTF
format]
Aguirre 2 brief - (10th Cir. 2003) Grantland (Issues: amendment of pleadings to add new claims, Rule 41(g),
summary judgment, statute of limitations, law of the case) [Aguirre2brief][Word
Perfect 6-10 |
Word/RTF
format]
Aguirre 2 reply brief - (10th Cir. 2003) Grantland (Issues: amendment of pleadings to add new claims, Rule 41(g),
presumption of ownership from possession, judicial estoppel, statute of
limitations, request for remand to another judge) [Aguirre2replybrf][Word
Perfect 6-10 |
Word/RTF
format]
Aguirre & Clymore motion to consolidate - (10th Cir. 2003)
Grantland & Neal-Post [AguirreClymoreConsol][Word
Perfect 6-10
| Word/RTF
format]
Opening brief in Sohigian v. City of Oakland, a taxpayer suit challenging the constitutionality of Oakland’s forfeiture ordinance (Ct. App. Cal. 2003) - Clausen (Issues: allowing police and prosecutors to benefit financially from forfeiture violates due process; the ordinance violates due process by failing to provide for a prompt post-seizure hearing; Excessive Fines clause) [AOB][Word Perfect 6-10 | Word/RTF format][MSWord]
Opening brief from U.S. v. Marolf - 9th Cir. 1997 (Rule 41(e) proceeding) Issue: Whether the District Court erred in determining, on the merits, the forfeiture of a yacht under 21 U.S.C. § 881, rather than ordering its return, after it found that the administrative forfeiture was void and that the government's five-year statute of limitations for forfeiture had expired? (S. Perez) [brief002][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]Reply brief
from
U.S. v. Marolf - 9th Cir.
1997 (S. Perez) [brief003][Word Perfect 6-8
| Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Brief from U.S. v. 9844 S. Titan Court - 10th Cir. 1994. ( Issues: (1.) Whether the trial court erred in refusing to allow claimants to move to suppress evidence. (2.) Whether the trial court erred in granting summary judgment for the government. (3.) Whether the trial court erred in forfeiting unit 10, when there was no evidence that it was used to facilitate drug trafficking, but was "tainted" according to the government's theory because it adjoined Unit 9. (4.) Whether the trial court erred in holding that Frances May owned no defensible interest in marital property, and therefore could not assert an innocent owner defense at all. (5.) Whether the district court applied the wrong standard in determining whether the forfeiture was disproportionate to the offense. (B. Grantland) [brief001][Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
Certiorari petition - forfeiture of coins, money and car for structuring - 1993 case originating from 11th Circuit; (issue: did court err by dismissing claim of family trust for lack of standing; straw owner theory) (B. Grantland) [certpet001]Word Perfect 6-8 | Word Perfect 5.1 | MS Word 6 | MS Word for Mac 5.1]
U.S. v. $405,089.23 - Government's Petition for Certiorari to the Supreme Court, filed August 28, 1995
Amicus brief (proposed) in support of Carol Thomas - (N.J. 2003) Clausen [never filed] (Issues: allowing police and prosecutors to benefit financially from forfeiture violates due process) [AmicusSamples][Word Perfect 6-10 | Word/RTF format]
Libretti v. United States, amicus brief of F.E.A.R. Foundation, U.S. Supreme Court, filed 6/30/95
U.S. v. James Daniel Good Real Property, amicus curiae brief of the Institute For Justice, U.S. Supreme Court, 1993,(Institute for Justice is a D.C. public interest law firm active in property rights issues, and a long time ally of F.E.A.R.)