4th Circ. Ends Circuit Split On Substitute Asset Freezes

Law360, New York (August 21, 2017, 8:52 PM EDT) -- The Fourth Circuit was the only circuit that let prosecutors freeze a defendant's innocently earned assets ahead of trial, but it has ruled to end that split after recent U.S. Supreme Court rulings convinced the government there's no legal basis for the practice.

In an opinion issued on Aug. 18, the full court decided to reverse its 27-year-old “anomalous” position. A key forfeiture law — Title 21 of the U.S. Code, Section 853 — contains provisions that allow the government to seize so-called substitute assets after...
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