United States Federal Circuit

A mortgagee may not assert a viable Fifth Amendment taking claim in the United States Court of Federal Claims following the government's in rem administrative forfeiture of the property securing the mortgage after proceedings in the United States District Court.

Appellate Information

• Decided 11/26/2001
• Published 11/26/2001

Judges

• SCHALL, Circuit Judge., Before CLEVENGER, SCHALL, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Mark L. Whitaker,Howrey Simon Arnold & White, LLP, of Washington, DC, argued for plaintiff-appellee., Armando O. Bonilla, Trial Attorney, Asset Forfeiture and Money Laundering Section, Criminal Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General, and David M. Cohen, Director, Civil Division.   Of counsel on the brief were John Hieronymus, Forfeiture Counsel, and Susan C. Holiman, Senior Attorney, Department of Justice, Drug Enforcement Administration, Office of Chief Counsel, Asset Forfeiture Section, of Arlington, Virginia.