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U.S. v. LAZARENKO

No. C 00-00284 CRB.

575 F.Supp.2d 1139 (2008)

UNITED STATES, Plaintiff, v. Pavel LAZARENKO, Defendant.

United States District Court, N.D. California.

August 22, 2008.

Attorney(s) appearing for the Case

Patricia Jean Kenney, United States Attorney's Office, San Francisco, CA, for Plaintiff.

John H. Aspelin, Aspelin & Bridgman LLP, San Francisco, CA, Matthew J. Jacobs, McDermott Will & Emery LLP, Palo Alto, CA, for Defendants.

ORDER RE: SUMMARY JUDGMENT

CHARLES R. BREYER, District Judge.

This case compels the Court to delve into a complex and easily-misunderstood area of the law: the protection of third party rights in criminal forfeiture. In their motion for summary judgment, claimant Eurofed contends that a third party may use the "ancillary proceeding" established by 21 U.S.C. § 853(n) to raise any argument whatsoever, and may thereby relitigate the forfeitability of the...

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