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criminal forfeiture

2 February 2018

10th Circuit affirms wire fraud convictions; reverses order to reimburse Indian housing authorities with future appropriations; and affirms judgments entered in a Kansas mineral rights case.


by William Gaskill

5 January 2018

10th Circuit reverses denial of qualified immunity motion; affirms a criminal forfeiture order; affirms denial of spoliation remedy; reverses denial of a motion to suppress; affirms rejection of motion to amend qui tam complaint; affirms drug convictions; affirms reinstatement of disability benefits; and vacates a preliminary injunction.


by William Gaskill

12 October 2017

10th Circuit holds cell phone tower ping information maintained by cell phone companies is not protected by Fourth amendment as to cell phone users; affirms drug convictions but vacates forfeiture order; and holds higher mandatory reimprisonment sentence for child pornography violations of supervised release by those on release for a child pornography offense unconstitutional.


by William Gaskill

8 June 2017

United Sates Supreme Court holds securities disgorgement orders are subject to a five-year limitations period; rejects joint and several liability for drug forfeitures; holds interveners must prove standing when seeking relief different from that sought by the plaintiff; holds church affiliated hospital retirement plans do not need to be created by the church to be exempt from ERISA; and vacates order requiring special elections in North Carolina racial gerrymander case.


by William Gaskill

14 March 2016

10th Circuit holds no trespassing signs do not revoke implied consent for police to come a person’s front door and reminds district courts of their duty to find and apply the correct criminal forfeiture statute.


by William Gaskill

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