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U.S. v. MICHELLE'S LOUNGE

No. 95-1411.

126 F.3d 1006 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. MICHELLE'S LOUNGE, 14100 S. Cicero, Crestwood, Illinois, et al., Defendants, and Clement Messino, Claimant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 3, 1997.

Attorney(s) appearing for the Case

Joseph M. Ferguson (argued), Office of the United States Attorney, Civil Division, Appellate Section, Thomas P. Walsh, Office of the United States Attorney, Civil Division, Chicago, IL, for Plaintiff-Appellant.

Joseph P. Storto, Storto, Kalal & Finn, Bensenville, IL, E.E. Edwards, III, Edwards & Simmons, Nashville, TN, for Claimant-Appellee.

Before CUDAHY, ESCHBACH and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

This court is called upon again to consider guarantees of due process for defendants in criminal and civil forfeiture cases. The path to this case began with United States v. Moya-Gomez, 860 F.2d 706 (7th Cir.1988). There government froze assets of a criminal defendant with an ex parte restraining order as a prelude to criminal forfeiture. Our concern under Constitution was that freeze could impinge on...

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