Search for: "Forfeiture Counsel"
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23 Apr 2008, 8:52 am
David Salmons of Bingham McCutchen LLP, lead counsel on the DV LEAP amicus brief in Giles, hasalso taken up my invitation to post thoughts on the argument. [read post]
14 Apr 2008, 8:14 am
Though focused on an array of issues in a civil forfeiture context, the conclusion highlights why the ruling might have broader implication than it might seem upon first look:In short, we hold that where the government has obtained a seizure warrant depriving defendants of assets pending a trial upon the merits, the constitutional right to due process of law entitles defendants to an opportunity to be heard at least where access to the assets is necessary for an effective… [read post]
11 Apr 2024, 4:29 pm
Supreme Court Weighs in, Again, on Forfeiture of Counsel, N.C. [read post]
9 Mar 2010, 7:56 pm
August 17, 2009), a key decision on the availability of personal money judgments in criminal forfeiture proceedings. [read post]
6 Oct 2007, 9:22 am
The decision turned on a very narrow reading of the indictment, as well as on the nature of the statute under which the defendant was charged.At issue was money that Capoccia, a lawyer, misappropriated from a credit counseling/debt reduction service that he founded. [read post]
15 Nov 2015, 4:36 am
This raises a chorus of how the seizure is crazy, wrong, a flagrant violation of the Sixth Amendment right to counsel. [read post]
8 Feb 2018, 2:41 pm
Dealing with bail forfeitures isn't exactly my area of expertise. [read post]
31 Dec 2014, 3:43 pm
Always consult counsel if you're uncomfortable answering any question that borders on potential criminal liability. [read post]
8 Aug 2013, 2:01 pm
[New York Daily News] * The New Yorker shines a light on the world of civil asset forfeiture. [read post]
18 Aug 2017, 7:45 am
And now, to discuss the case, we have Janet Galeria, who is Senior Counsel for Litigation for the US Chamber Litigation Center at the US Chamber of Commerce. [read post]
3 Jun 2013, 7:40 pm
Counsel said no, the crux of the case was whether the Board had any power to disregard its limited authority under the statute to instead make a more general finding to justify a major forfeiture. [read post]
26 Feb 2014, 4:23 am
Indictment = Probable Cause Forfeiture = Probable Cause Indictment = Forfeiture Ham sandwich, anyone? [read post]
25 Jan 2016, 6:00 am
The state's Court of Appeals has said that a forfeiture-for-competition provision "would functionally and realistically discourages and foreclose a withdrawing partner from serving clients who might wish to continue to be represented by the withdrawing lawyer and would thus interfere with the client's choice of counsel. [read post]
7 Sep 2011, 4:00 am
Bivens actions are brought directly under the Constitution, but damages can be obtained only when (1) the plaintiff has no alternative means of obtaining redress, and (2) no “special factors counseling hesitation” are present. [read post]
29 Aug 2008, 6:14 am
For example, the Circuit has approved the government's pre-trial seizure of funds for forfeiture, which serves to deny the defendant the ability to retain counsel, creating a self-fulfilling prophesy. [read post]
16 Oct 2013, 1:53 pm
But the Chief Justice quickly suggested that this case might be different because it went to the Kaleys’ ability to hire their counsel of choice to keep them out of jail. [read post]
Failure to raise a suppression argument (not just a motion) before the district court equals waiver.
14 Oct 2008, 7:08 pm
Rose, 538 F.3d 175 (3d Cir. 2008), the Third Circuit held that failure to raise specific suppression arguments before the district court amounts to waiver and not just forfeiture. [read post]
30 May 2019, 5:54 am
Department of Agriculture, Office of the General Counsel and the Natural Resources Conservation Service. [read post]
8 Nov 2012, 12:18 pm
Including the page-and-a-half caption.Why the Fresno County Counsel thought that recoverable "costs" in a bail forfeiture proceeding include attorney's fees is beyond me. [read post]
3 Aug 2021, 7:00 am
Employers should consult with counsel when crafting and enforcing a paid vacation policy to ensure that the policy complies with applicable state law. [read post]
