U.S. v. CUNAN

Nos. 96-1235, 97-1470.

156 F.3d 110 (1998)

UNITED STATES of America, Appellant, v. Patrick S. CUNAN, Defendant, Appellee. UNITED STATES of America, Appellant, v. Richard J. DECATO, Jr., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 17, 1998.


Attorney(s) appearing for the Case

David S. Mackey, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief for appellant.

Kevin E. Sharkey for appellees.

Before SELYA, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.


COFFIN, Senior Circuit Judge.

This case poses an interesting problem of res judicata: does a dismissal with prejudice of a civil forfeiture action bar the subsequent criminal forfeiture of the same properties by the same sovereign? The district court ruled that a civil dismissal has preclusive effect, and it thereby rebuffed the government's attempt to confiscate nine properties otherwise forfeitable because of their connection to drug trafficking and money...

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