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Forfeiture – Standing – Timeliness
Where a claimant who submitted a claim to retrieve the currency seized from him (1) failed to state a cognizable interest in the currency, (2) did not sign the claim under penalty of perjury and (3) failed to file a timely answer to the verified complaint or to respond to the United States' special interrogatories, the claimant has failed to establish statutory standing and the United States' moti[...]
Forfeiture – Racketeering – Innocent owner
Where the government, in making its case for forfeiture, asserts that a residence was purchased with the proceeds of a husband's racketeering activity, the government is entitled to summary judgment despite the claims of the estranged wife that the property was purchased with legitimate earnings and that she was an innocent owner.
Forfeiture – Motel – Drugs
Where United States brought a civil forfeiture action pursuant to the Civil Asset Forfeiture Reform Act seeking the forfeiture of a motel in Tewksbury, (1) the government has failed to meet its burden of establishing that the motel is subject to forfeiture and (2) the claimant owner of the motel has met his burden of proving that he is the innocent owner of the property.
Motel owner wins forfeiture battle
The owner of a motel in Tewksbury has succeeded in challenging the federal government’s attempt at forfeiture of the property over drug activity on the premises.
Forfeiture – Notification of seizure
Where a plaintiff filed an untimely claim for the return of $3,630 seized from her when she was arrested on a state warrant by agents of the Drug Enforcement Administration and deputies from the Bristol County Sheriff's Office, the record is clear that DEA fully discharged its responsibility to formally notify plaintiff of the seizure and explain the process she had to follow to recover the money.[...]
Criminal – Forfeiture – Ability to pay
Where (1) a defendant was convicted of social security fraud and conspiracy to possess with intent to distribute marijuana and (2) the judge decided not to impose a forfeiture order, the judge erred by, among other things, requiring the government to shoulder the burden of proving that the defendant could pay a forfeiture judgment.
Forfeiture – Money judgment – Notice
Where a judgment in a forfeiture proceeding has been challenged, a remand should be ordered for the purposes of providing notice to potential third-party claimants.
Forfeiture – Motor vehicle – Conditional gift
Where (1) a vehicle was forfeited to the United States following the defendant's guilty plea and (2) the defendant's mother has initiated an ancillary proceeding claiming a superior right to the vehicle based on her conditional giving of the vehicle to her son, the motion must be denied on the ground that the mother's legal interest in the car is insufficient to vacate or amend the forfeiture orde[...]
Forfeiture – Hidden camera
Where the defendant filed a motion for the return of seized property, including a device that appeared to be a ballpoint pen with a hidden camera that he had used to unlawfully photograph children in a state of nudity, all property may be returned to the defendant except the pen camera, given the manner it was previously used by him.
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
