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Prosecutor appeals overturning of SC’s forfeiture laws
A prosecutor is appealing to the South Carolina Supreme Court a lower court’s ruling that the state’s forfeiture laws are not legal. Last year, Circuit Judge Steven John ruled the state and U.S. constitutions were violated by a law that allows police departments to take cash, cars, houses and other items that came from proceeds […]
Lawyer’s home, assets subject to forfeiture
A lawyer charged with helping his wife plunder money from the campaign chest of a Virginia state senator and two other organizations cannot shield his two homes from possible forfeiture, a federal appeals court ruled last month. The 4th U.S. Circuit Court of Appeals said the properties are forfeitable because there is probable cause that […]
Administrative – Civil Forfeiture – Cultural Property – Importer – Chinese & Cypriot Coins
Ancient Coin Collectors Guild v. U.S. Customs & Border Protection, DHS The 4th Circuit rejects appellant coin importer’s challenge to the government’s seizure of coins, based on restrictions on Chinese and Cypriot cultural property under the Convention on Cultural Property Implementation Act, 19 U.S.C. §§ 2601-2613; Congress already has prescribed civil forfeiture as a vehicle throu[...]
Civil Practice – Service of Process – By Publication – Default Judgment – Motion to Vacate – Forfeiture
State ex rel. Ariail v. $88,148.45 In this civil forfeiture action, defendant Magruder was served by publication, and a default judgment was entered against her. Even though an assistant solicitor in the civil division apparently did not inquire of her fellow assistant solicitor -- who was handling the criminal cases against Magruder -- as to Magruder’s whereabouts, Magruder has failed[...]
Real Property – Foreclosure Action – Forfeiture – Indictment
Marzouca v. GFG Realty Fund, LLC The U.S. government filed an indictment against Federick D. Gibbs on Oct. 11, 2011 which sought forfeiture of the real property at issue. Plaintiff commenced his state foreclosure action on Nov. 21, 2011. Pursuant to 21 U.S.C. § 853(k)(2), after Gibbs was indicted...
Criminal Practice – Forfeiture – Escrow Funds – Cigarette Manufacturer – Tobacco Settlement – Nonparticipant – States’ Interest
U.S. v. State of Oregon The 4th Circuit vacates a district court forfeiture order for funds escrowed by defendant cigarette manufacturer, a nonparticipant in the tobacco-litigation settlement agreement who was prosecuted for tobacco-related crimes, because the district court granted an interest in the escrowed funds to two states who failed to prove they had a superior legal interest in t[...]
Criminal Practice – Forfeiture – Gambling Devices – Illegal Game
Union County Sheriff’s Office v. Henderson Even though no illegal game could be played on six of the seven seized machines at the time of the post-seizure hearing, the state presented evidence that the hard drive of each machine had an administrative record reflecting that the illegal games on the machine had been played multiple times.
Criminal Practice – Forfeiture — $400,000 in Currency – Drug-Trafficking – Time Deadline
U.S. v. Martin Four defendants convicted as part of a drug-trafficking operation lose their appellate challenge to the belated forfeiture of their property under 18 U.S.C. § 983, including over $400,000 in currency from several accounts, a Mercedes automobile and several million dollars in drug proceeds, as the 4th Circuit holds the time deadline for forfeiture under Rule 32.2 is not a j[...]
Criminal Practice – Constitutional – Excessive Fines Clause – Forfeiture – Guidelines Amount – Statutory Penalty
U.S. v. $79,650.00 Seized from Bank of America Account The 4th Circuit affirms the judgment that an Ethiopian citizen engaged in illegal currency structuring through his deposits into two different banks in Fairfax, Va.; however, the appellate court says the district court erred in reducing the corresponding civil forfeiture of appellant's funds from $79,650 to $50,000 on Eighth Amendment[...]
Civil Practice – Forfeiture – First Impression – Proximity to Drugs – Case-by-Case Analysis – Source of Funds – Tracing
Gowdy v. Gibson. We do not believe the General Assembly wished to encourage drug traffickers to strategically house their cash stores so as to evade seizure by the government. Establishing a bright-line . . .
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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