United States Second Circuit

Dismissal of petition for an ancillary hearing to adjudicate claims to property found subject to forfeiture under 18 U.S.C. section 982(a)(2) following the conviction of defendant is: 1) affirmed in part, where the assignment of the property suffices to give appellants standing to seek an ancillary hearing, and that appellants have failed to state a superior claim to the property under 21 U.S.C. section 853(n)(6)(A); and 2) vacated in part, where appellants' petition states a plausible claim that DePetris & Bachrach reasonably lacked cause to believe that the property was subject to forfeiture and consequently entitles appellants to continue pursuing relief under 21 U.S.C. section 853(n)(6)(B).

Appellate Information

• Decided 05/04/2015
• Published 05/04/2015

Judges

• Lynch

Court

• United States Second Circuit

Counsel