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<p>[QUOTE=&quot;Burton Strauss III, post: 2136171, member: 59677&quot;]The opinion says that the government seized the property [the court rejected the government&#039;s argument that it wasn&#039;t really a seizure]. And the government didn&#039;t file the CAFRA notice on time and so they can&#039;t seize the coins and they can&#039;t go back and reargue that point. And everything that happened after that is moot, gone, never happened.</p><p><br /></p><p>But that&#039;s all it says... the opinion is silent on everything that we think of as the meat of the case. there is no jury finding that the coins were stolen - it never happened. More to the point it was never even argued in front of a jury - it never happened.</p><p><br /></p><p>If they&#039;re stolen then they&#039;re the government&#039;s property regardless of any subsequent act [there&#039;s no such thing as possession being nine tenths of the law its called possession of stolen property and it&#039;s actually a crime]. And obviously the US government still believes this.</p><p><br /></p><p>So put yourself in the shoes of the AUSA who is going to have to eat crow and return illegally seized property that the government believes is stolen. What would you do?</p><p><br /></p><p>Me?</p><p><br /></p><p>First off I&#039;d trying an en banc motion - even a blind squirrel occasionally finds a nut. I&#039;d point out that the disent is such a different view of the law that any three other judges might have come up with a completely different answer.</p><p><br /></p><p>If that fails - or the full court upholds the ruling, then if I believe the coins are stolen, I have to follow through on that. So then I would return the coins and have a cop in the next room arrest them and have the stolen property held as evidence. And I would drop the charges and believe justice is done if they would agree to return the stolen property and promise never to do such evil things again.</p><p><br /></p><p>But I&#039;m not a lawyer, I&#039;m not in an AUSA, I&#039;m just in it for the show, with lots of popcorn.[/QUOTE]</p><p><br /></p>

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