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U.S. v. ENG

No. 1432, Docket 91-6013.

951 F.2d 461 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny ENG, Claimant-Appellant, Certain Real Property and Premises, Known as 218 Panther Street Newfoundland, Pennsylvania, 69 Gauldy Avenue, Staten Island, New York, and 21 Norman Drive, Staten Island, New York, Certain Honda All-Terrain Vehicles, Yamaha Snowmobiles, a Certain Yong Chang, G185 Piano, Serial Number 004201, Defendants.

United States Court of Appeals, Second Circuit.

Decided May 17, 1991.

Opinion: December 3, 1991.

Attorney(s) appearing for the Case

Kenneth Joseph Kukec, Miami, Fla. (Albert J. Krieger, Susan W. Van Dusen, Albert J. Krieger, P.A., of counsel), for claimant-appellant.

Arthur P. Hui, Asst. U.S. Atty. E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., of counsel), for plaintiff-appellee.

Before CARDAMONE, WALKER and FRIEDMAN, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal arises as a result of the efforts of a defendant, detained in a foreign jurisdiction, to avoid criminal prosecution in the United States, while attempting at the same time to assert his claim to real property in this country, allegedly purchased with the proceeds of his criminal activities. It has been a truism for nearly half a millennium that "one cannot eat his cake and have it too." Defendant of course may elect to oppose...

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