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Langbord's Win!!!
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<p>[QUOTE="Conder101, post: 2133335, member: 66"]But since the government didn't file the forfeiture case, the coins should have been returned in 2005 and the case never should have gone to trial. Since it shouldn't have gone to trial the results of the trial would not have occurred, so the judgement was vacated.</p><p><br /></p><p>And as far as the government not believing they had to file under CAFRA because they believed the coins were government property, that doesn't matter. Under the law if an appeal of the seizure is made the government HAS to file for the forfeiture within 90 days or return the property. They don't have a choice on whether or not to file. They missed the deadline, they didn't request an extension of the deadline, so the law says they HAVE to give the coins back. (It also says that they can make no further attempts to seize them.) That was what the court decided, the government must obey the law and return the coins.[/QUOTE]</p><p><br /></p>
[QUOTE="Conder101, post: 2133335, member: 66"]But since the government didn't file the forfeiture case, the coins should have been returned in 2005 and the case never should have gone to trial. Since it shouldn't have gone to trial the results of the trial would not have occurred, so the judgement was vacated. And as far as the government not believing they had to file under CAFRA because they believed the coins were government property, that doesn't matter. Under the law if an appeal of the seizure is made the government HAS to file for the forfeiture within 90 days or return the property. They don't have a choice on whether or not to file. They missed the deadline, they didn't request an extension of the deadline, so the law says they HAVE to give the coins back. (It also says that they can make no further attempts to seize them.) That was what the court decided, the government must obey the law and return the coins.[/QUOTE]
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