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U.S. v. SUM OF $185,336.07 U.S. CURRENCY SEIZED

No. 12-2210-cv.

731 F.3d 189 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. The SUM OF $185,336.07 UNITED STATES CURRENCY SEIZED FROM CITIZEN'S BANK ACCOUNT L7N01967, Defendant, Dominic Pellegrino, Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 25, 2013.

Attorney(s) appearing for the Case

Donald M. Thompson , Easton Thompson Kasperek Shiffrin, LLP, Rochester, NY, for Dominic Pellegrino.

Grace M. Carducci , Assistant United States Attorney, for William J. Hochul, Jr. , United States Attorney for the Western District of New York, Rochester, NY, for the United States of America.

Before: CALABRESI, CABRANES, and PARKER, Circuit Judges.

JOSE A. CABRANES, Circuit Judge:

In this appeal, we must decide whether to recognize, nostra sponte, "plain error"1 in the legal standards applied by the District Court in concluding that certain funds of the appellant seized by the government were the product of illegal activities and therefore subject to forfeiture.

Our review of the record leads us to conclude that, although the several claims of error asserted by the...

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