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U.S. v. CERTAIN REAL PROPERTY AND PREMISES KNOWN AS: 4003-4005 5TH AVE., BROOKLYN, NY

No. 659, Docket 94-6149.

55 F.3d 78 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. CERTAIN REAL PROPERTY AND PREMISES KNOWN AS: 4003-4005 5TH AVE., BROOKLYN, NY, Certain Real Property and Premises Known as: 5014 3rd Ave., Brooklyn, NY, Certain Real Property and Premises Known as: 314 39th St., Brooklyn, NY, Defendants, Maria V. Mendez & Juan A. Tapia, Claimants-Appellants, James W. Poirer, Claimant.

United States Court of Appeals, Second Circuit.

Decided May 18, 1995.

Attorney(s) appearing for the Case

Arthur P. Hui, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty. E.D.N.Y., Deborah B. Zwany, Asst. U.S. Atty.), for plaintiff-appellee.

Albert Brackley, Brooklyn, NY, for claimant-appellant Tapia-Ortiz.

Before: WALKER, JACOBS, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

Forfeiture proceedings, because they permit the Government in a civil action to seize property linked with criminal activities, often raise troublesome legal issues. In defending this civil action to confiscate his property after being convicted on federal narcotics charges, Juan A. Tapia-Ortiz created just such a troublesome issue when he attempted to withdraw a prior invocation of his Fifth Amendment privilege against self-incrimination...

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