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Summary judgment risk to civil defendants evading entry to the United States.

By Marks & Katz, LLC

 Image from Bureau of Engraving and Printing's website. Doesn't the United States government have better things to do than to be prosecuting gambling? Would the government be chasing after gambling operations if the prospect did not exist to obtain forfeiture of the alleged gambling operations' money and to obtain unpaid taxes? Greed clearly is not limited to the private sector, particularly when one includes greed for power in the mix. Moreover, government officials and cops gain more job security when they increase government revenue through seizing assets for forfeiture and obtaining fines from private citizens.  Praised be a unanimous panel of the D.C. Circuit for at least holding that the government is ineligible to win a civil asset forfeiture challenge at the summary judgment stage on the mere claim that the asset owner is disentitled to the funds by having intentionally evaded the parallel criminal prosecution by remaining outside the United States...continue to full post

Full post as published by Underdog on January 28, 2009 (boomark / email).