United States Second Circuit

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US v. Daugerdas, 17-898

Vacating the district court's order dismissing a petition asserting a third party interest in accounts preliminarily forfeited in the underlying criminal proceedings against her husband because although the petitioner hadn't submitted sufficient plausible allegations to sustain her petition in the filing she claimed at oral argument that she could submit additional facts such that repleading wouldn't necessarily be futile and denying her the opportunity to assert her arguments would potentially permit the government to deprive her of her own property without due process of law.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/06/13

Judges

  • LYNCH

Court

  • United States Second Circuit

Counsel


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