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U.S. v. MESSINO

Nos. 96-1718, 96-1719, and 96-2167.

122 F.3d 427 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher R. MESSINO and Clement Messino, Defendants, Appeals of: Estate of Biagio Messino, Joseph Messino, and Ted Borowski, Claimants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1997.

Attorney(s) appearing for the Case

Barry Rand Elden, Chief of Appeals, Matthew M. Schneider (argued), Office of the United States Attorney, Criminal Appellate Division, Chicago, IL, for Plaintiff-Appellee.

John L. Sullivan (argued), Magidson & Sullivan, Chicago. IL. for Estate of Biagio Messino and Joseph Messino.

Marc W. Martin, Chicago, IL, for Christopher R. Messino.

Joseph P. Storto, Storto, Kalal & Finn, Bensenville, IL, E.E. Edwards, III (argued), Edwards & Simmons, Nashville, TN, for Ted Borowski.

Before CUDAHY, ESCHBACH, and FLAUM, Circuit Judges.

ESCHBACH, Circuit Judge.

Under 21 U.S.C. § 853(a), the government is entitled to forfeiture of assets constituting or derived from proceeds of certain illegal drug transactions. Forfeiture under this section of the United States Code is known as criminal forfeiture because the government must first convict a defendant of a drug crime and then prove by a preponderance of the evidence that the property — which had...

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