United States Sixth Circuit

In an appeal from a dismissal of a petition asserting an interest in a bank account the court had ordered forfeited as a result of the government's plea agreement with one petitioner's nephew, the order is reversed where a petitioner's alleged ill health is clearly relevant to whether the petitioner is deliberately avoiding prosecution by declining to enter or reenter the U.S., and such an argument is properly asserted in response to the government's attempt to apply the fugitive disentitlement statute.

Appellate Information

• Argued 12/02/2008
• Decided 08/25/2009
• Published 08/25/2009

Judges

• Before: MOORE and WHITE, Circuit Judges; TARNOW, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Richard Stoper, Jr., Rotatori Bender, L.P.A., Cleveland, Ohio, for Appellants. James L. Morford, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF:Richard Stoper, Jr., Rotatori Bender, Cleveland, Ohio, for Appellants. James L. Morford, Assistant United States Attorney, Cleveland, Ohio, for Appellee.