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U.S. v. ALL FUNDS ON DEPOSIT

No. CV-90-4117 (ADS).

767 F.Supp. 36 (1991)

UNITED STATES of America, Plaintiff, v. ALL FUNDS ON DEPOSIT IN ANY ACCOUNT AT CERTAIN FINANCIAL INSTITUTIONS HELD IN THE NAMES OF CERTAIN INDIVIDUALS, et al., Defendants.

United States District Court, E.D. New York.

June 17, 1991.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D.N.Y. by Paul Weinstein, Asst. U.S. Atty., Brooklyn, N.Y., for U.S.

Goltzer & Adler, New York City (Charles D. Adler, of counsel), for claimant Francisco A. Murillo.

OPINION AND ORDER

SPATT, District Judge.

In United States v. Monsanto, 924 F.2d 1186 (2d Cir.1991) (en banc) ("Monsanto IV"), the Second Circuit held that in the context of a criminal forfeiture proceeding the Fifth and Sixth Amendments require an adversary, post-restraint, pretrial hearing as to probable cause to continue the restraint of assets needed to...

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