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U.S. v. OREGON

No. 10-2154.

671 F.3d 484 (2012)

UNITED STATES of America, Plaintiff-Appellant, v. State of OREGON; State of Wisconsin, Petitioners-Appellees, and State of South Carolina; State of Arizona; State of Arkansas; State of Colorado; State of Idaho; State of Maine; State of Maryland; State of Massachusetts; State of Missouri; State of New Hampshire; State of Ohio; State of Washington; State of West Virginia; State of Tennessee; State of Pennsylvania; State of Kentucky; State of North Dakota; State of Illinois; State of Georgia; State of North Carolina; Commonwealth of Pennsylvania; State of Kansas; State of Oklahoma; State of New York; Commonwealth of Virginia; State of Michigan; State of Louisiana; State of California, Petitioners, and Terence Patrick McLaughlin; George Chemali; C.L.P., Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 16, 2012.

Attorney(s) appearing for the Case

ARGUED: Sharon Burnham , Office of the United States Attorney, Roanoke, Virginia, for Appellant. Monica Taylor Monday , Gentry, Locke, Rakes & Moore, Roanoke, Virginia, for Appellees. ON BRIEF: Timothy J. Heaphy , United States Attorney, Roanoke, Virginia, for Appellant. James J. O'Keeffe, IV , Gentry, Locke, Rakes & Moore, Roanoke, Virginia, for Appellee State of Oregon; Christopher J. Blythe , Lewis W. Beilin , Wisconsin Department of Justice, Madison, Wisconsin, for Appellee State of Wisconsin.

Vacated and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge DAVIS and Judge WYNN joined.

OPINION

DUNCAN, Circuit Judge:

This appeal arises from the United States' effort to forfeit the assets of C.L.P., Inc. ("C.L.P.") following its guilty plea to several tobacco-related charges. As relevant here, the United States obtained a preliminary order of forfeiture allowing it to seize funds that C.L.P. had deposited into an escrow account, which held 35 sub-accounts for the benefit of each state in which C.L.P. sold its products. Two of those states...

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