DSI ASSOCIATES LLC v. U.S.

Docket No. 05-6887-cv.

496 F.3d 175 (2007)

DSI ASSOCIATES LLC, Movant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee, Allegheny Energy, Inc., Allegheny Energy Supply Company, LLC, Merrill Lynch & Co., and Merrill Lynch Capital Services, Inc., Interested-Party-Appellees. Daniel L. Gordon, Defendant.

United States Court of Appeals, Second Circuit.

Decided: August 2, 2007.


Attorney(s) appearing for the Case

David J. Monz, Updike, Kelly & Spellacy, P.C. (Barbara A. Frederick, of counsel), Hartford, CT, for Movant-Appellant.

Barbara A. Ward, Assistant United States Attorney for the Southern District of New York (Michael J. Garcia, United States Attorney, and Katherine Polk Failla, Assistant United States Attorney, of counsel), New York, NY, for Plaintiff-Appellee.

John Gueli, Shearman & Sterling LLP (Stuart J. Baskin and Ladan F. Stewart, of counsel), New York, NY, for Interested-Party-Appellees Merrill Lynch & Co. and Merrill Lynch Capital Services, Inc.

Before: McLAUGHLIN and SACK, Circuit Judges, and RAKOFF, District Judge.


SACK, Circuit Judge.

To resolve this appeal, we must determine whether a general creditor may intervene in a criminal forfeiture proceeding to assert its alleged rights to property subject to a criminal order of forfeiture or challenge the underlying validity of the forfeiture order, and if so, how.

BACKGROUND

On December 19, 2003, the defendant, Daniel L. Gordon, pled guilty in the United States District Court for the Southern District of New York...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases