U.S. v. U.S. CURRENCY, THE AMOUNT OF $228,536.00

No. 279, Docket 89-6110.

895 F.2d 908 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. UNITED STATES CURRENCY IN THE AMOUNT OF $228,536.00, Defendant-Appellant. Appeal of Edward A. PARKER, Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 7, 1990.


Attorney(s) appearing for the Case

Frederick J. Scullin, Jr., U.S. Atty. for N.D.N.Y. (John G. Duncan, Asst. U.S. Atty., on the brief) for plaintiff-appellee.

Frank Policelli, Utica, N.Y. (Kenneth P. Ray, Utica, N.Y., on the brief) for claimant-appellant.

Before MESKILL and WINTER, Circuit Judges, and LASKER, District Judge.


LASKER, Senior District Judge, sitting by designation:

This appeal presents the novel question whether the Due Process clause of the Fifth Amendment requires a court, before accepting a plea of guilty to a crime, to inform the defendant that the government might at some later time institute a civil in rem forfeiture proceeding against the fruits or instrumentalities of that crime.1

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