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<p>[QUOTE="hontonai, post: 653398, member: 4703"]Not really. The trial court decision was made a couple of days ago in litigation initiated by the Israel Switt descendants who turned in the coins for authentication a few years ago, only to have them confiscated.</p><p><br /></p><p>The fight is far from over. Next step will be the government's forfeiture action being filed before the end of September, after which the case will either be settled or tried. (The chances that the government won't file the action are fat, slim, and none.)</p><p><br /></p><p>If it is tried, a jury will place a value on the coins and the government will either have to pay that amount, or surrender the coins.</p><p><br /></p><p>Of course unless there is a settlement there will be appeals. The government will probably ask the trial judge for permission to file an immediate appeal of his ruling, which is not likely to be given; but might lead to an early appellate ruling.</p><p><br /></p><p>If the case goes to trial the probability of appeal is 99.999999999%. Either side could appeal over the size of the jury's award - too high or too low depending on which side of the table you're sitting on - and the government can appeal the basic ruling requiring forfeiture proceedings.</p><p><br /></p><p>Federal appeals take a long time, so Judge Sotomayor may be ready to retire by the time the case finally reaches the Supreme Court![/QUOTE]</p><p><br /></p>
[QUOTE="hontonai, post: 653398, member: 4703"]Not really. The trial court decision was made a couple of days ago in litigation initiated by the Israel Switt descendants who turned in the coins for authentication a few years ago, only to have them confiscated. The fight is far from over. Next step will be the government's forfeiture action being filed before the end of September, after which the case will either be settled or tried. (The chances that the government won't file the action are fat, slim, and none.) If it is tried, a jury will place a value on the coins and the government will either have to pay that amount, or surrender the coins. Of course unless there is a settlement there will be appeals. The government will probably ask the trial judge for permission to file an immediate appeal of his ruling, which is not likely to be given; but might lead to an early appellate ruling. If the case goes to trial the probability of appeal is 99.999999999%. Either side could appeal over the size of the jury's award - too high or too low depending on which side of the table you're sitting on - and the government can appeal the basic ruling requiring forfeiture proceedings. Federal appeals take a long time, so Judge Sotomayor may be ready to retire by the time the case finally reaches the Supreme Court![/QUOTE]
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