United States Fifth Circuit

Following a pretrial restraining order enjoining the transfer of property implicated in a civil forfeiture complaint, the district court properly denied a motion, brought by a claimant to the property who was indicted on federal charges as part of the same investigation that led to the civil forfeiture complaint, seeking to modify the restraining order to release funds needed to retain an attorney in the related criminal case.

Appellate Information

• Decided 01/13/2004
• Published 01/13/2004

Judges

• KING, Chief Judge:, Before KING, Chief Judge, DENNIS, Circuit Judge, and LYNN, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John E. DiGiulio, New Orleans, LA, Richard William Westling (argued), Law Offices of Richard W. Westling, New Orleans, LA, for Claimant-Appellant.


• For Appellees:
  
• Stefan Dante Cassella (argued), U.S. Dept. of Justice, Asset Forfeiture & Money Laundering, Washington, DC, Lyman Edgar Thornton, III, Asst. U.S. Atty., Baton Rouge, LA, for Plaintiff-Appellee.