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U.S. v. MOFFITT, ZWERLING & KEMLER, P.C.

Nos. 95-1884, 95-1916.

83 F.3d 660 (1996)

UNITED STATES of America, Plaintiff-Appellant, v. MOFFITT, ZWERLING & KEMLER, P.C., Defendant-Appellee. American Civil Liberties Union of Virginia; National Association of Criminal Defense Lawyers, Amici Curiae. UNITED STATES of America, Plaintiff-Appellee, v. MOFFITT, ZWERLING & KEMLER, P.C., Defendant-Appellant. American Civil Liberties Union of Virginia; National Association of Criminal Defense Lawyers, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1996.

Attorney(s) appearing for the Case

ARGUED: Gordon Dean Kromberg, Assistant United States Attorney, Bernard James Apperson, III, Assistant United States Attorney, Alexandria, Virginia, for Appellant. Arthur Francis Mathews, Wilmer, Cutler & Pickering, Washington, D.C., for Appellee. ON BRIEF: Helen F. Fahey, United States Attorney, Alexandria, Virginia, for Appellant. Craig M. Blackwell, Michael B. Bressman, Craig J. Brown, Steven P. Finizio, Wilmer, Cutler & Pickering, Washington, D.C., for Appellee. Stephen B. Pershing, ACLU Foundation of Virginia, Richmond, Virginia; Peter Goldberger, Ardmore, Pennsylvania, for Amici Curiae.

Before WILKINSON, Chief Judge, and LUTTIG and MICHAEL, Circuit Judges.

Affirmed in part, reversed in part, and remanded with instructions by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge LUTTIG and Judge MICHAEL joined.

OPINION

WILKINSON, Chief Judge:

In this appeal, we are asked to resolve important questions about the operation and preemptive effect of the Comprehensive Forfeiture Act of 1984(CFA). 21 U.S.C. § 853. These questions arise out...

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