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Civil Practice: Asset Forfeiture-Sanctions
Staff Report//June 14, 2023
Where the government in a forfeiture case sought to strike the appellant’s claim as a sanction for failing to fully answer special interrogatories, the district court erred in striking the claim under Rule G(8) since the court could not conclude on this record that the appellant knew or should have known that Rule G(6) obligated him to provide more information than had been provided.
Judgment is reversed and remanded.
U.S. v. $34,918 United States Currency (MLW No. 80045/Case No. 22-3007 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from U.S. District Court, Western District of Arkansas, Holmes III, (J. Eugene Clifford, Little Rock, AR argued for appellant) (Aaron L Jennen, Fort Smith, AR argued for appellee).
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