United States Fourth Circuit

An order directing the federal government to release property obtained in connection with insurance fraud, seized pursuant to a properly obtained warrant, was reversed because the district court clearly erred in holding that original owners' likely hardship from government possession outweighed the risk of loss of the property.

Appellate Information

• Decided 07/21/2004
• Published 07/21/2004

Judges

• Before MOTZ and KING, Circuit Judges, and HANSEN, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Thomas Richard Ascik, Assistant United States Attorney, Office of the United States Attorney, Asheville, North Carolina, for Appellant.  John Keating Wiles, Cheshire, Parker, Schneider, Bryan & Vitale, Raleigh, North Carolina, for Appellees. ON BRIEF:  Robert J. Conrad, Jr., United States Attorney, Asheville, North Carolina, for Appellant.  Sean P. Devereux, Asheville, North Carolina, for Appellee Robert Warren.