United States Second Circuit

In this civil forfeiture case, petitioner Lucas moved to set aside a declaration of forfeiture as assignee of his brother's interest in the forfeited property. Decision of the district court denying the motion and dismissing the petition is vacated and the case is remanded for further proceedings, where: 1) the Civil Asset Forfeiture Reform Act permits any person with an interest in forfeited property to file a motion to set aside a declaration of forfeiture after the forfeiture has occurred on grounds of notice; and 2) the assignment of the brother's interest to petitioner was valid under New York law.

Appellate Information

• Decided 01/07/2015
• Published 01/07/2015

Judges

Court

• United States Second Circuit

Counsel