United States Second Circuit
US v. The Painting Known as Le Marché, 10-300
In a dispute arising from a forfeiture action by the government, U.S.C. Section 1595a, concerning a Camille Pissarro monotype, judgment of the district court by denying real party 18 U.S.C. Section 983 protections and attorney fees is affirmed because: 1) Section 1595a actions are not governed by Section 983, and therefore real party was not entitled to raise the innocent-owner defense provided by Section 983(d) or to take advantage of the heightened proof requirement of Section 983(c); and 2) real party was not a prevailing party within the meaning of 28 U.S.C. Section 2465(b)(1).
Appellate Information
- Decided 06/03/2011
- Published 06/03/2011
Judges
- LYNCH
Court
- United States Second Circuit