United States v. Emor

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Sunrise claimed that the federal government seized property from criminal defendant Charles Emor belonging to Sunrise. After SunRise was excluded from the criminal proceedings, SunRise filed a third-party forfeiture proceeding claiming ownership in the forfeited property and requesting a hearing to determine its interest. The district court granted the government's motion to dismiss SunRise's petition for lack of standing. The court concluded, however, that SunRise has Article III standing where it alleged that its property was taken by the government without due process; the district court improperly dismissed SunRise's claims based on an alter ego finding that the district court made at a hearing in which SunRise was not allowed to participate and SunRise has statutory standing under 21 U.S.C. 853(n)(2); and SunRise stated a valid claim of relief in order to obtain a hearing by alleging that the forfeited property at all times remained the property of SunRise. However, the court concluded that several of SunRise's claims fail as a matter of law and the district court need not consider them on remand. Accordingly, the court affirmed in part, reversed in part, and remanded. View "United States v. Emor" on Justia Law