United States Ninth Circuit

A preliminary injunction seizing the assets of a defendant indicted for mail and wire fraud, and imposing a receivership on a nonprofit corporation he allegedly controlled is vacated since, under applicable law, the corporation-s assets would not be subject to criminal forfeiture if defendant was convicted.

Appellate Information

• Argued 06/15/2005
• Decided 02/14/2006
• Published 02/14/2006

Judges

• Before MARY M. SCHROEDER, Chief Judge, WILLIAM C. CANBY, JR., Circuit Judge, and KEVIN THOMAS DUFFY, Senior Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John D. Cline, Jones Day, San Francisco, CA, for the appellant., Keith K. Hiraoka, Roeca, Louie & Hiraoka, Honolulu, HI, for the amicus curiae.


• For Appellees:
  
• Patrick T. Murphy, Assistant United States Attorney, Department of Justice, Washington, DC, for the appellee.