Alphabetical index of issues
Attorney’s fees
California Law Sunset
Cash transaction reporting violation forfeitures
Counsel
Drug courier profile
Due Process clause
Due Process notice
Excessive Fines clause
Facilitation
Fifth Amendment
Fourth Amendment
Hardship petition
Illegal Search and Seizure
Innocent spouse
Innocent partner
Innocent owner
Laches
Landlord
Lienholder
Lot or parcel
Moneylaundering
Notice (due process)
Parcel of land
Privilege Against Self Incrimination
Proceeds
Proportionality
Release of property pending trial
Right to jury trial
Right to counsel
Self Incrimination
Speedy trial
Standing
Statute of limitations
Stay pending appeal
Stay pending outcome of criminal case
Summary judgment
Sunset
Suppression of illegally seized evidence
Taint
Undue delay
Vacating default
Supplement to Rule 41(e) motion in
the
Marolf case, U.S.Dist.Ct.C.D.Cal. 1997 (S. Perez)
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California forfeiture statute sunset
Motion for summary judgment by
lienholder - 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 applicable forfeiture law; undue delay.
(B. Grantland)
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Cash Transaction Reporting forfeitures
Motion
to dismiss for lack of probable cause, re: cash seized in airport -
U.S. Dist. Ct. S.D. Cal. 1998 (R. Barnett)
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"Ordinance challenged based on due
process and excessive fines clause violations, specifically conflict of
interest grounds based on pecuniary interests of cops and City Attorney".
Submitted on 9/12/03 by Mark Clausen
[MSWord]
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)
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"Ordinance challenged based on due
process and excessive fines clause violations, specifically conflict of
interest grounds based on pecuniary interests of cops and City Attorney".
Submitted on 9/12/03 by Mark Clausen
[MSWord]
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)
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Fourth Amendment - Illegal Search & Seizure
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)
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Motion to suppress evidence for
pretext
stop of car - D.C. drug forfeiture statute, D.C. Superior Ct. 1988
(B. Grantland)
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Points and authorities in support
of
suppression motion above, D.C. Superior Ct. 1988 (B. Grantland)
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Fourth Amendment - Probable cause and timeliness of hearing
"Ordinance challenged based on due
process and excessive fines clause violations, specifically conflict of
interest grounds based on pecuniary interests of cops and City Attorney".
Submitted on 9/12/03 by Mark Clausen
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"Petition to court for an order
releasing the Defendant property to Claimant pursuant to 18 U.S.C.
§983(f)". Submitted on 11/11/03 by Frederick M. Reich
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Innocent business partner/shareholder
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)
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Reply to Government's Opposition to
Rule 41(e) motion in the Marolf case, U.S. Dist.Ct. C.D. Cal.
1997
(S. Perez)
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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)
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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)
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Supplement to Rule 41(e) motion in
the
Marolf case, U.S.Dist.Ct.C.D.Cal. 1997 (S. Perez)
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Rule 41(e) motion for return of guns,
U.S. Dist. Ct. N. D. Cal 1997, (B. Grantland)
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(lack of notice)
Privilege against self-incrimination
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)
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Declaration of chemist on value of
drugs, in support of above memorandum - U.S.Dist.Ct.N.D.Cal
1995,
(B. Grantland)
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Motion for reconsideration, in
support of above memorandum - U.S.Dist.Ct.N.D.Cal 1995, (B.
Grantland)
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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)
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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)
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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)
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NEW! Motion
arguing the right to a jury trial in a Rule 41(g) proceeding,
U.S. Dist. Ct. Alaska 2004 (by pro se FEAR member John Collette)
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Text Format (RTF)]
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, 1996, Toyfoya, (B. Grantland)
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Rule 41(e) motion for return of car
& personal property, documents, U.S. Dist. Ct., D.C.
1992,
(B. Grantland)
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(innocent owner, undue delay)
Points & authorities in support
of Rule 41(e) motion above, U.S. Dist. Ct., D.C.,1992, (B.
Grantland)
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Motion to dismiss for 7 years
pretrial
delay - D.C. Superior Court 1989 (B. Grantland)
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Points and authorities in support
of above motion - D.C. Superior Court 1989 (B.
Grantland)
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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)
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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)
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Opening brief from U.S. v. Marolf
- 9th
Cir. 1997 Issue: 1. 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)
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Reply brief from U.S. v. Marolf
- 9th Cir.
1997 (S. Perez)
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Supplement to Rule 41(e) motion in
the
Marolf case, U.S.Dist.Ct.C.D.Cal. 1997 (S. Perez)
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Reply to Government's Opposition to
Rule 41(e) motion in the Marolf case, U.S. Dist.Ct. C.D. Cal.
1997
(S. Perez)
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Stay pending outcome of related criminal case or investigation
Motion to stay judgment pending
appeal
- criminal forfeiture, U.S.Dist.Ct.N.D.Cal. 1996, (B. Grantland)
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Memorandum re: court's power to
stay
judgment pending appeal - criminal forfeiture,
U.S.Dist.Ct.N.D.Cal.1996,
(B. Grantland)
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Reply memorandum re: court's power
to stay judgment pending appeal - criminal forfeiture,
U.S.Dist.Ct.N.D.Cal.1996,
(B. Grantland)
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Opposition to Motion to Stay
- civil forfeiture, U.S.Dist.Ct.D.Vt.,
(Meub Associates, Inc.)
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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)
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Taint - "expanding drop of ink" theory