United States Fourth Circuit

In the government's appeal from an order awarding petitioner attorney-s fees under the Equal Access to Justice Act, the order is reversed where the government had a reasonable basis in fact and law to contend that petitioner was not a bona fide purchaser for value of her ex-husband's assets under 21 U.S.C. section 853.

Appellate Information

• Decided 08/05/2009
• Published 08/05/2009

Judges

• Before TRAXLER, Chief Judge, GREGORY, Circuit Judge, and FREDERICK P. STAMP, Jr., Senior United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• ARGUED:  William A. Brafford, Office of the United States Attorney, Charlotte, North Carolina, for the United States.  Amy Elizabeth Simpson, James McElroy & Diehl, PA, Charlotte, North Carolina, for Carol Ann Cox. ON BRIEF:  Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for the United States.  Preston O. Odom, James McElroy & Diehl, PA, Charlotte, North Carolina, for Carol Ann Cox.