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U.S. v. RAZMILOVIC

Docket No. 04-4543-CR(L), 04-5801-CR(CON).

419 F.3d 134 (2005)

UNITED STATES of America, Appellee, v. Tomo RAZMILOVIC, David E. Nachman, Defendants, Kenneth Jaeggi, Movant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: August 17, 2005.

Attorney(s) appearing for the Case

Steven F. Molo (Tai H. Park, Wendy E. Ackerman, on the brief), Shearman & Sterling, New York, New York, for Movant-Appellant.

Varuni Nelson, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, and Richard Weber and Richard T. Lunger, Assistant United States Attorneys, on the brief), Central Islip, New York, for Appellee.

Before: FEINBERG, WINTER, and SOTOMAYOR, Circuit Judges.

WINTER, Circuit Judge.

Kenneth Jaeggi appeals from Judge Wexler's denial of his motion to vacate an ex parte pretrial order freezing assets claimed by the government to be forfeitable proceeds of alleged securities, mail, and wire fraud offenses. We hold that 28 U.S.C. § 2461(c), enacted as part of the Civil Asset Forfeiture Reform Act of 2000 ("CAFRA"), does not authorize pretrial restraint of assets subject to criminal forfeiture. We therefore vacate...

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