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KALEY v. U.S.

No. 12-464.

134 S.Ct. 1090 (2014)

188 L.Ed.2d 46

Kerri L. KALEY, et vir, Petitioners v. UNITED STATES.

Supreme Court of United States.

Decided February 25, 2014.

Attorney(s) appearing for the Case

Howard Srebnick, Miami, FL, for Petitioners.

Michael R. Dreeben, Washington, DC, for Respondent.

Howard Srebnick, Counsel of Record, Black, Srebnick, Kornspan & Stumpf, P.A., G. Richard Strafer, G. Richard Strafer, P.A., Miami, FL, for Petitioners.

Donald B. Verrilli, Jr., Solicitor General (Counsel of Record), Mythili Raman, Acting Assistant Attorney General, Michael R. Dreeben, Deputy Solicitor General, Elaine J. Goldenberg, Assistant to the Solicitor General, Sonja M. Ralston, Attorney, Department of Justice, Washington D.C., for Respondent.

Justice KAGAN delivered the opinion of the Court.

A federal statute, 21 U.S.C. § 853(e), authorizes a court to freeze an indicted defendant's assets prior to trial if they would be subject to forfeiture upon conviction. In United States v. Monsanto, 491 U.S. 600, 615, 109 S.Ct. 2657, 105 L.Ed.2d 512 (1989), we approved the constitutionality of such an order so long as it is "based on a finding of probable cause to believe...

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