United States v. Chamberlain

The federal criminal forfeiture statute, 21 U.S.C. 853, does not authorize the pretrial restraint of a defendant's innocently-obtained property. Section 853(e) permits the government to obtain a pretrial restraining order over only those assets that are directly subject to forfeiture as property traceable to a charged offense. Consequently, the Fourth Circuit overruled its precedents to the contrary, United States v. McKinney (In re Billman), 915 F.2d 916 (4th Cir. 1990), cert. denied, 500 U.S. 952 (1991), and United States v. Bollin, 264 F.3d 391, 421–22 (4th Cir. 2001), and vacated the district court's order relying on those authorities. View "United States v. Chamberlain" on Justia Law