USA v. $229,590.00 in United States Currency Seized from a Safe in the Home of Dallas County Commissioner John Wiley Price
MOTION for Default Judgment, Motion to Strike Price and Fain, and RESPONSE re: 32 Motion to File an Out-of-Time Answer against Dapheny Fain, John Wiley Price
Holding the district court did not abuse its discretion by granting a default judgment to the Government because the claimant did not meet the statutory requirements
Finding inexcusable neglect where experienced federal litigator failed to properly interpret time limit for filing a notice of appeal where plain language of the rule was unambiguous
Holding that "[the claimant's] claim of ownership," in the verified claim, "coupled with the government's allegations of [the claimant's] involvement with the seized res" in the complaint, are sufficient to establish standing
Holding that a claimant has standing to assert a claim to the defendant funds where he exercised sufficient control over the funds in a bank account in which he was a co-signer
Fed. R. Civ. P. 6 Cited 50,129 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
18 U.S.C. § 983 Cited 2,832 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"