United States Second Circuit

Where an asset forfeiture is vacated for lack of notice, and the statute of limitations has run against the government, the government may still quiet title to the property, but it loses the benefit of the presumptions it would have enjoyed had the claimant been given notice and timely filed a claim to contest.

Appellate Information

• Argued 08/08/2001
• Decided 02/22/2002
• Published 02/22/2002

Judges

• JACOBS, Circuit Judge., Before:  MINER, JACOBS, CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jeffrey G. Pittell, New York, New York, for Plaintiff-Appellant.


• For Appellees:
  
• Michael J. Goldberger, Assistant United States Attorney, Brooklyn, New York (Varuni Nelson, Arthur P. Hui, Assistant United States Attorneys, on the brief), for Defendant-Appellee.