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U.S. v. LAVIN

No. 90-1743.

942 F.2d 177 (1991)

UNITED STATES of America v. Lawrence W. LAVIN WMOT Enterprises, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided August 6, 1991.

Attorney(s) appearing for the Case

Alexander P. Starr (argued), Mark H. Tuohey, III Reed Smith Shaw & McClay, Washington, D.C., for appellant.

Michael M. Baylson U.S. Atty., Sonia C. Jaipaul (argued), Asst. U.S. Atty., Chief, Financial Litigation Div., U.S. Dept. of Justice, Philadelphia, Pa., for appellee.

Before BECKER, NYGAARD and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal derives from the criminal prosecution of Dr. Lawrence Lavin for federal drug and tax offenses. As part of Lavin's criminal sentence, the district court entered a forfeiture order encompassing all of his property derived from drug activity. Appellant WMOT Enterprises, Inc. ("WMOT") thereafter petitioned the court under 21 U.S.C. § 853(n)(6) to amend its forfeiture order. WMOT asserted that Lavin...

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