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Langbord's Win!!!
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<p>[QUOTE="Coinchemistry 2012, post: 2132198, member: 28107"]I agree 100% and SCOTUS is more interested in resolving circuit conflicts. An en banc appeal before the full Third Circuit Court of Appeals is a possibility though.</p><p><br /></p><p>While theft and embezzlement are crimes covered by that forfeiture statute, I see this as applying to accessories and property used in the commission of the crime. If the person never held title to it, then the application of the statute makes no sense to me at all. How can you forfeit something you never owned? Two fact finders (judge and jury) determined that the government had title, and I think it was erroneous to have vacated that judgment. In short, while I think the result is correct, I would have ruled against the Langbords on the forfeiture argument.[/QUOTE]</p><p><br /></p>
[QUOTE="Coinchemistry 2012, post: 2132198, member: 28107"]I agree 100% and SCOTUS is more interested in resolving circuit conflicts. An en banc appeal before the full Third Circuit Court of Appeals is a possibility though. While theft and embezzlement are crimes covered by that forfeiture statute, I see this as applying to accessories and property used in the commission of the crime. If the person never held title to it, then the application of the statute makes no sense to me at all. How can you forfeit something you never owned? Two fact finders (judge and jury) determined that the government had title, and I think it was erroneous to have vacated that judgment. In short, while I think the result is correct, I would have ruled against the Langbords on the forfeiture argument.[/QUOTE]
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