Jay Shapiro on Kaley v. United States: The Supreme Court Continues Limits of Probable Cause Challenges to Pre-conviction Forfeiture Seizures (PDF)
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The Kaleys were under criminal investigation so they obtained a certificate of deposit of $500,000 to be used for defense fees. When the Kaleys were indicted, the Government sought forfeiture of assets which the Government asserted were traceable to the crimes including the certificate of deposit. The court concluded the seizure was authorized by 18 U.S.C. § 981(a)(1)(C) which allows forfeiture of property "traceable to" the crimes alleged.
Jay Shapiro is a partner in the New York office of White and Williams LLP. Jay has more than 30 years experience concentrating his practice in litigation matters. He began his legal career as a prosecutor in the Bronx County District Attorney's Office (1980-1988) and later joined the King's County District Attorney's Office (1990-2002) where he became the Deputy District Attorney in charge of the Rackets Division before going into private practice. Mr. Shapiro has tried more than thirty-five cases in state and federal court. In private practice, he has handled litigation involving insurance fraud, white collar crime and Lanham Act (trademark) violations.
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