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<p>[QUOTE="Coinchemistry 2012, post: 2134848, member: 28107"]If a neighborhood kid steals your car, does he have a legally cognizable interest in your vehicle since it is in his custody? He is illegally exercising dominion and control over it, but he has no ownership interest. Whether the Langbords had custody of the pieces or not is not the question. If the coins were stolen, they Langbords never legally acquired a possessory/ownership interest and no forfeiture occurred, notwithstanding the fact that they held them for years. And the time of "acquisition" is what matters, not when a judicial order is entered.</p><p><br /></p><p>When the Langbords filed a suit under CAFRA alleging a prima facie case, the burden shifted to the government to prove that the coins were stolen and that CAFRA didn't apply. A jury and judge agreed that the coins were stolen. That is what matters. I think the jury verdict was wrong and should be set aside and the appellate courts rule on the facts or remand for a new trial. This is not was done. Regardless of the fact that I agree with the result, I think the Third Circuit erred significantly here.[/QUOTE]</p><p><br /></p>
[QUOTE="Coinchemistry 2012, post: 2134848, member: 28107"]If a neighborhood kid steals your car, does he have a legally cognizable interest in your vehicle since it is in his custody? He is illegally exercising dominion and control over it, but he has no ownership interest. Whether the Langbords had custody of the pieces or not is not the question. If the coins were stolen, they Langbords never legally acquired a possessory/ownership interest and no forfeiture occurred, notwithstanding the fact that they held them for years. And the time of "acquisition" is what matters, not when a judicial order is entered. When the Langbords filed a suit under CAFRA alleging a prima facie case, the burden shifted to the government to prove that the coins were stolen and that CAFRA didn't apply. A jury and judge agreed that the coins were stolen. That is what matters. I think the jury verdict was wrong and should be set aside and the appellate courts rule on the facts or remand for a new trial. This is not was done. Regardless of the fact that I agree with the result, I think the Third Circuit erred significantly here.[/QUOTE]
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