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U.S. v. ALL ASSETS OF G.P.S. AUTOMOTIVE CORP.

No. 616, Docket 94-6115.

66 F.3d 483 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. ALL ASSETS OF G.P.S. AUTOMOTIVE CORP., Real Property and Premises known as 156 Peconic Ave., Medford, NY, District 0200, Section 773.00, Block 01.00, Lots 5.20, 6.00 and 10.00 on the Suffolk County Tax Map, Defendant-Appellant, Philip Schaffer, Sr., Grace Schaffer & Philip J. Schaffer, Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 18, 1995.

Attorney(s) appearing for the Case

Neufeld & O'Leary, New York City (David Neufeld, Denis O'Leary, of counsel) for appellants G.P.S. Automotive Corp., Philip Schaffer, Sr. and Grace Schaffer.

Gino Josh Singer, New York City, for appellant Philip J. Schaffer.

Gary Brown, Asst. U.S. Attorney, Brooklyn, NY (Zachary W. Carter, U.S. Attorney for the Eastern District of New York, Deborah Zwany, August Sellitto, Asst. U.S. Attorneys, Deborah Fanning, Special Asst. U.S. Attorney, of counsel) for appellee.

Before: ALTIMARI, LEVAL, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

In rem civil forfeiture, though civil in name, is actually a cross-breed of the criminal and civil law. It is therefore not surprising that recent Supreme Court decisions have indicated that the Eighth Amendment and the Double Jeopardy Clause of the Fifth Amendment, constitutional safeguards usually associated only with criminal defendants, provide some protection for those whose property is subject to confiscation in civil forfeiture...

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