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<p>[QUOTE="Coinchemistry 2012, post: 2133342, member: 28107"]Except that I disagree that this is a forfeiture case. You cannot forfeit something you never had legal title to, and to hold otherwise changes the legal definition of what it means to forfeit something. My understanding is that CAFRA applies to non-judicial forfeiture actions only. If the statute doesn't apply (because it is not a non-judicial forfeiture) then neither does the arbitrary 90 day deadline.</p><p><br /></p><p>And the statute also has a good cause/good faith exception. Under the circumstances, I do think the deadline should have been tolled for cause shown as it was not unreasonable that the U.S. Mint believed that it did not need to file a forfeiture action to reclaim what was theirs to begin with.[/QUOTE]</p><p><br /></p>
[QUOTE="Coinchemistry 2012, post: 2133342, member: 28107"]Except that I disagree that this is a forfeiture case. You cannot forfeit something you never had legal title to, and to hold otherwise changes the legal definition of what it means to forfeit something. My understanding is that CAFRA applies to non-judicial forfeiture actions only. If the statute doesn't apply (because it is not a non-judicial forfeiture) then neither does the arbitrary 90 day deadline. And the statute also has a good cause/good faith exception. Under the circumstances, I do think the deadline should have been tolled for cause shown as it was not unreasonable that the U.S. Mint believed that it did not need to file a forfeiture action to reclaim what was theirs to begin with.[/QUOTE]
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