“Snitches Are a Dying Breed” And Other Aspects of “Outlaw” Criminal Forfeiture

US v. Joshua N. Bowser.  Appeal of:  Bradley W. Carlson.  No. 15-2258.       This appeal involves the government’s efforts to seize personal property bearing the insignia of the Outlaws Motorcycle Club (the “Outlaws”), and the effort of a representative of the Outlaws to intervene to prevent those forfeitures. The forfeiture actions stemmed from criminal cases brought against a number of Outlaws members, including all members of the Indianapolis chapter of the Outlaws. The indictment included a notice of the government’s intent to …
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Posted in 7th Circuit Criminal Law Alert, Asset Forfeiture, Federal Criminal Procedure, Press Releases, Restitution

Writ of Coram Nobis – Boilerplate Rules You Need to Know

US v. Brian Wilkozek, No. 15-1537.    In 2003 Brian Wilkozek pleaded guilty to one count of mail fraud for his participation in a mortgage-fraud scheme. By the time the third-party lenders uncovered the scheme, all they could do was foreclose and sell the properties. They suffered losses of more than $700,000.     After Wilkozek was caught and pleaded guilty, he was ordered to pay restitution to the victims—namely, the thirdparty mortgage lenders. That restitution went unpaid, so the government asked the district …
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Posted in 7th Circuit Criminal Law Alert, Asset Forfeiture, Federal Crimnal Procedure, Fraud, News, Press Releases, Restitution

Government’s Pretrial Seizure of Defendant’s Untainted Assets NOT Allowed

Sila Luis v. US,  No. 14-419.  (United States Supreme Court March 30, 2016) A federal statute provides that a court may freeze before trial certain assets belonging to a criminal defendant accused of violations of federal health care or banking laws. See 18 U. S. C. §1345. Those assets include: (1) property “obtained as a result of” the crime, (2) property “traceable” to the crime, and (3) other “property of equivalent value.” §1345(a)(2). In this case, the Government has obtained a …
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Posted in 6th Amendment Right to Counsel, 7th Circuit Criminal Law Alert, Asset Forfeiture, Federal Rules of Evidence