United States Fourth Circuit

In a challenge by two states to a criminal forfeiture proceeding involving seizure from escrow accounts established for the benefit of states in which a cigarette manufacturer sold its products, the district court's amendment of the forfeiture order in favor of the states is vacated, where: 1) the states had a legal interest in the forfeited property and thus had standing; but 2) the states failed to carry their burden to prove, by a preponderance of the evidence, that their legal interest in the escrow funds was superior to the cigarette manufacturer's during the relevant time period.

Appellate Information

• Decided 02/16/2012
• Published 02/16/2012

Judges

• Duncan

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Sharon Burnham, Monica Taylor Monday