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July 2013 Archives

Federal Criminal and Civil Forfeiture Procedure In White Collar Criminal Cases

In Bennis v. Michigan, 516 U.S. 442 (1996), the United States Supreme Court identified three (3) categories of property subject to forfeiture; (1) contraband, (2) proceeds from illegal activity and (3) tools or instrumentalities used in the commission of a crime. There are three (3) different types of forfeitures the Government can use to seize property: Administrative Forfeiture, Criminal Forfeiture and Civil Forfeiture.

White Collar Criminal Defense Attorneys Applaud the 6th Circuit's Rejection of the Federal "Due Diligence Rule" as Applied to Exculpatory and Mitigatory Evidence in the Government's Possession

The United States Court of Appeals for the Sixth Circuit, relying on the United States Supreme Court's decision in Brady v. Maryland, 373 U.S. 83 (1963) and Banks v. Dretke, 540 U.S. 668 (2004), held in U.S. v. Tavera, 6th Cir., No. 116175, 6/20/2013, that the "due diligence rule" as applied to the Government's responsibility to turn over to the defense exculpatory and impeaching evidence was unfair to criminal defense lawyers and their clients.

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