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U.S. v. RILEY

Nos. 95-2694, 95-2778 and 95-2781.

78 F.3d 367 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Ferrell Travis RILEY; Cheryll S. Coon; Jack L. Brown, Defendants-Appellants, The Direct Holding Company, d.b.a. Direct Data Processors; L.F.B. Insurance and Reinsurance, a division of La Fenix Boliviana S.A. De Seguros Y Reaseguros; National and International Company; Buffalo Lodge and Resorts Management Company, Inc.; Business First Entertainment, Intervenors-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1996.

Attorney(s) appearing for the Case

David R. Fontaine, Washington, DC, argued (James L. Eisenbrandt, Thomas J. Bath, Jr., Jeffrey D. Morris, J. Michael Vaughn, R. Stan Mortenson, and James R. Heavner, Jr., on the brief), for appellant in No. 95-2694.

Kevin M. Fowler, Topeka, Kansas, argued (Lynn S. McCreary, on the brief), for appellants in No. 95-2778.

Mark A. Thornhill, Kansas City, Missouri, argued, for appellant in No. 95-2781.

John Daniel Stewart, Asst. U.S. Attorney, Kansas City, Missouri, argued, for appellee.

Before BOWMAN and LOKEN, Circuit Judges, and SCHWARZER, District Judge.

LOKEN, Circuit Judge.

A criminal defendant convicted of violating the Racketeer Influenced and Corrupt Organizations Act ("RICO") "shall forfeit" his or her interests in the RICO enterprise, assets acquired in violation of the Act, and any proceeds of racketeering activity. 18 U.S.C. § 1963(a). After a RICO indictment, but prior to the defendant's conviction, the district court may enter orders "to preserve the availability" of property subject to forfeiture...

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