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<p>[QUOTE="Conder101, post: 2131645, member: 66"]No they caught it, they sue to force the forfeiture proceedings that the government failed to file in time. And it was part of the grounds for their appeal. They knew about it.</p><p><br /></p><p>If anyone is interested in reading the actual decision of the court</p><p><a href="http://www2.ca3.uscourts.gov/opinarch/124574p.pdf" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www2.ca3.uscourts.gov/opinarch/124574p.pdf" rel="nofollow">http://www2.ca3.uscourts.gov/opinarch/124574p.pdf</a></p><p><br /></p><p>One interesting portion dealing with what happens if the government doesn't file the forfeiture complaint with the court within the 90 days.</p><p><br /></p><p>(3)(B) If the Government does not—(i) file a complaint for forfeiture or return the property, in accordance with subparagraph [(3)](A) . . . the Government shall promptly release the property pursuant to regulations promulgated by the Attorney General, <i>and may not take any further action to effect the civil forfeiture of such property in connection with the underlying offense.</i></p><p><br /></p><p>This would seem to imply that they have to return them and then can't take any further action to get them back.</p><p><br /></p><p><br /></p><p>And Paul M is right this ruling has no effect on any further 33 double eagles that come out of hiding. The government can still confiscate them on the theory that they are government property. But maybe then they will follow the rules.[/QUOTE]</p><p><br /></p>
[QUOTE="Conder101, post: 2131645, member: 66"]No they caught it, they sue to force the forfeiture proceedings that the government failed to file in time. And it was part of the grounds for their appeal. They knew about it. If anyone is interested in reading the actual decision of the court [url]http://www2.ca3.uscourts.gov/opinarch/124574p.pdf[/url] One interesting portion dealing with what happens if the government doesn't file the forfeiture complaint with the court within the 90 days. (3)(B) If the Government does not—(i) file a complaint for forfeiture or return the property, in accordance with subparagraph [(3)](A) . . . the Government shall promptly release the property pursuant to regulations promulgated by the Attorney General, [i]and may not take any further action to effect the civil forfeiture of such property in connection with the underlying offense.[/i] This would seem to imply that they have to return them and then can't take any further action to get them back. And Paul M is right this ruling has no effect on any further 33 double eagles that come out of hiding. The government can still confiscate them on the theory that they are government property. But maybe then they will follow the rules.[/QUOTE]
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