Archive for August, 2011

Federal Asset Seizures Rise, Netting Innocent With Guilty (Wall Street Journal)

An innocent party’s money is returnable if it’s clearly separate from the fraud. Mr. Lieto’s two sealed and marked bank bags with the $392,000 qualified, his attorney, Mr. Kessler, argued in court filings. Others among the scores of customers made similar claims.

To view this full article online featuring Steven L. Kessler, asset forfeiture attorney, click here.

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DiFiore v. Armstrong

DiFiore v. Armstrong, slip op., Index No. 08-15266 (Sup. Ct. Westchester County Oct. 1, 2008) (Molea, J.). The Court found that the District Attorney’s office in a civil forfeiture proceeding commenced under CPLR Article 13-A had failed to meet its evidentiary burden on a motion to attach a vehicle seized incident to a drug arrest, where there was no showing that the owner of the vehicle – the spouse of the arrestee – had reason to know that the vehicle would be used for criminal activity.

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