U.S. v. FABIAN

No. 13-2243.

764 F.3d 636 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Stephen FABIAN, Defendant, Jerry A. Mais, Individually and as Trustee of the Mais Family Trust and the Jerry A. Mais Revocable Trust, Interested Party-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 4, 2014.


Attorney(s) appearing for the Case

ARGUED: Sharon Lynn McWhorter , Portage, Michigan, for Appellants. Joel S. Fauson , United States Attorney's Office, Grand Rapids, Michigan, for Appellee. ON BRIEF: Sharon Lynn McWhorter , Portage, Michigan, for Appellants. Joel S. Fauson , United States Attorney's Office, Grand Rapids, Michigan, for Appellee.

Before: SILER and KETHLEDGE, Circuit Judges; WATSON, District Judge.


OPINION

KETHLEDGE, Circuit Judge.

Joseph Fabian pled guilty to wire fraud and agreed to forfeit property equal in value to the proceeds thereof. A third party named Jerry Mais filed a petition to contest the forfeiture, claiming that certain property (in which Mais asserted a "legal interest") lacked any "nexus" to Fabian's fraud. The district court dismissed the petition on the ground that Mais lacked statutory...

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