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IN RE BILLMAN

No. 90-7029.

915 F.2d 916 (1990)

In re Assets of Tom J. BILLMAN, Petitioner. UNITED STATES of America, Petitioner-Appellant, v. Barbara A. McKINNEY; Robert Budjac; Roselyn Budjac, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 3, 1990.

Attorney(s) appearing for the Case

Joyce K. McDonald (argued), Asst. U.S. Atty., Baltimore, Md. (Breckinridge L. Willcox, U.S. Atty., Barbara S. Sale, Asst. U.S. Atty., Baltimore, Md., on the brief), for petitioner-appellant.

Abbe David Lowell (argued), Brand & Lowell, Washington, D.C. (Ross A. Nabatoff, Brand & Lowell, Washington, D.C., Eugene Gressman, Seton Hall University School of Law, South Orange, N.J., on the brief), for respondents-appellees.

Before POWELL, Associate Justice, Retired, United States Supreme Court, sitting by designation, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

The principal issue in this appeal is whether 18 U.S.C. § 1963 empowers a district court to enjoin, pending a criminal trial and forfeiture proceedings, the disposition of substitute assets that a fugitive RICO defendant transferred to a third person. The district court denied an injunction, holding that the statute provides authority to restrain prior to trial only those assets which the government proves are connected to the fugitive...

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