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U.S. v. HUNTINGTON NAT. BANK

No. 08-1729.

574 F.3d 329 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. HUNTINGTON NATIONAL BANK, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 27, 2009.

Attorney(s) appearing for the Case

ARGUED: Jeffrey O. Birkhold, Warner Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant. Matthew G. Borgula, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Jeffrey O. Birkhold, John J. Bursch, Gaëtan Gerville-Réache, Warner Norcross & Judd LLP, Grand Rapids, Michigan, for Appellant. Matthew G. Borgula, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: BOGGS, Chief Judge; MOORE and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

At stake in this appeal is whether Huntington National Bank forfeited its right to argue that it was a bona fide purchaser for value in a criminal forfeiture action filed by the United States. We hold that it did not, and we therefore reverse and remand for further proceedings.

I.

A.

Federal law allows third parties to assert an interest in property subject to criminal forfeiture to the United States...

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