United States Second Circuit

In case arising from dispute over the disposition of several hundred thousand dollars that nearly eighty Pakistanis wished to transfer from New York to Pakistan, denial of motion for attorney's fees is affirmed over claims that: 1) the bulk cash seized from the convicted claimants is not the "same property" within the meaning of the multiple claims exception (because each dollar bill is a discrete parcel of property); and 2) even if it is the same property, the government did not comply with the four predicates to the exception.

Appellate Information

• Decided 08/10/2007
• Published 08/10/2007

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before:  WALKER, STRAUB and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David B. Smith, English & Smith (John P. Donohue, Kittredge, Donley, Elson, Fullem & Emblick, LLP, Philadelphia, PA, on the brief), Alexandria, VA, for Claimants-Appellants.


• For Appellees:
  
• Laura D. Mantell, Assistant United States Attorney for the Eastern District of New York (Roslynn R. Mauskopf, United States Attorney, Steven Kim and Kathleen A. Nandan, Assistant United States Attorneys, on the brief), Brooklyn, NY, for Plaintiff-Appellee.