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Criminal Law : Forfeiture – Notice – Timeliness
Stephanie Maniscalco//May 5, 2014
Where the government filed civil forfeiture actions against five Iowa properties for alleged use in illegal drug transactions, the government knew or should have known that an estate was a potential claimant, so the government was required to send direct notice with specific details regarding the forfeiture proceedings and including a deadline for filing a claim, and the judgment finding the verified claims to be untimely is reversed and remanded for a determination on the merits.
Vacated; reversed.
U.S. v. Buczkowski (MLW No. 66362/Case No. 13-2018 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. District Court, Southern District of Iowa, Longstaff, J. (David M. Michael, San Francisco, argued for appellant) (Amy L Jennings, Des Moines, Iowa, argued for appellee; Maureen McGuire appeared on the brief).
Read the full text of this opinion. (PDF)
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