15 Cited authorities

Baxter v. Palmigiano
425 U.S. 308 (1976) Cited 2,609 times 8 Legal Analyses
Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference
Cityfed Fin. v. Office of Thrift Supervision
58 F.3d 738 (D.C. Cir. 1995) Cited 346 times
Holding that a moving party's failure to make a showing of irreparable injury "alone is sufficient" to deny a motion for a preliminary injunction
U.S. v. Approximately $1.67 Million
513 F.3d 991 (9th Cir. 2008) Cited 50 times
Holding a 58-month delay did not violate due process
U.S. v. ALL FUNDS ON DEPOSIT IN SUNTRUST ACC. NU
456 F. Supp. 2d 64 (D.D.C. 2006) Cited 28 times
Civil Action No. 05-2497 (RMC). October 12, 2006. Laurel Loomis Rimon, United States Attorney's Office, Criminal Division, William Rakestraw Cowden, U.S. Attorney's Office, Kimberly Kiefer Peretti, U.S. Department of Justice, Washington, DC, for Plaintiff. Andrew S. Ittleman, Rodriguez O'Donnell Ross Fuerst, Miami, FL, for Defendants. ORDER GRANTING PLAINTIFF'S MOTION FOR A STAY COLLYER, District Judge. This is a civil forfeiture case in which the Government asks the Court to stay the litigation
U.S. v. Real Property
657 F. Supp. 2d 1060 (D. Minn. 2009) Cited 21 times
Finding that a property is traceable to a money-laundering offense on the basis of "spending allegedly tainted funds on . . . property taxes"
U.S. v. Funds on Dep. in Dime Savs. Bank of Williamsburg
255 F. Supp. 2d 56 (E.D.N.Y. 2003) Cited 27 times
Deciding that Krimstock is inapplicable because, inter alia, the government seized money pursuant to a warrant
Kelly v. Lockheed Martin Services Group
25 F. Supp. 2d 1 (D.P.R. 1998) Cited 30 times 3 Legal Analyses
Explaining federal enclave “analysis considers whether either the state law existed at the time of cession and has not been abrogated by Congress, whether a relevant predecessor state law existed, or whether Congress has specifically acted to make state law applicable on the enclave”
U.S. v. Funds Deposited in Account No. 200008524845
162 F. Supp. 2d 1325 (D. Wyo. 2001) Cited 20 times
Granting a stay after reviewing the claimants' existing discovery requests and the government's ex parte submissions
U.S. v. One Assortment of Seventy-Three Firearms
352 F. Supp. 2d 2 (D. Me. 2005) Cited 13 times
Civ. No. 04-188-P-C. January 5, 2005. Donald E. Clark, Office of the U.S., Attorney, District of Maine, Portland, ME, for USA, Plaintiff. Richard S. Berne, Berne Lafond, Paul M. Boots, Paul M. Boots, P.A., Portland, ME, for Stanley Joyce, Faith Hope Charity, Claimants. ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS PURSUANT TO 18 U.S.C. § 981(G) GENE CARTER, Senior District Judge. Before the Court for action at this time is the joint Motion of the parties herein seeking the Court's Order staying
United States v. GAF Financial Services, Inc.
335 F. Supp. 2d 1371 (S.D. Fla. 2004) Cited 11 times
Case No.: 03-62118-CIV-COHN/SNOW. September 13, 2004 William H. Beckerleg, Jr., AUSA, United States Attorney's Office, Fort Lauderdale, FL, for Plaintiff. Martin Louis Hannan, Miami, FL, James Stewart Lewis, Jr., Fort Lauderdale, FL, for defendants. Dora Austin Rasco, Robert J. Kuntz, Devine Goodman Pallot Wells, Martin Louis Hannan, Miami, FL, David M. Smilk, Sand Gibbs Marcu Smilk Sherman, Broomall, PA, for claimants. ORDER DENYING CLAIMANT YELLEMA BUREAU DE CHANGE'S MOTION TO RECONSIDER THE ORDER
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,836 times 658 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 46,260 times 322 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 12,036 times 172 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
Section 981 - Civil forfeiture
18 U.S.C. § 981 Cited 3,736 times 33 Legal Analyses
Adopting 19 U.S.C. § 1602 et seq.
Section 983 - General rules for civil forfeiture proceedings
18 U.S.C. § 983 Cited 2,801 times 8 Legal Analyses
Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"

UNITED STATES OF AMERICA v. SUM OF $70,990,605 et al

15 Cited authorities

Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference

Holding that a moving party's failure to make a showing of irreparable injury "alone is sufficient" to deny a motion for a preliminary injunction

Holding a 58-month delay did not violate due process

Finding that a property is traceable to a money-laundering offense on the basis of "spending allegedly tainted funds on . . . property taxes"

Deciding that Krimstock is inapplicable because, inter alia, the government seized money pursuant to a warrant

Explaining federal enclave “analysis considers whether either the state law existed at the time of cession and has not been abrogated by Congress, whether a relevant predecessor state law existed, or whether Congress has specifically acted to make state law applicable on the enclave”

Granting a stay after reviewing the claimants' existing discovery requests and the government's ex parte submissions

Adopting Fed.R.Civ.P. 37

Holding that a party may be barred from using a witness if it fails to disclose the witness

Barring fraudulent schemes "for obtaining money or property"

Adopting 19 U.S.C. § 1602 et seq.

Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"