United States v. Rivera-Ortiz

In a criminal prosecution in a New York district court, a federal grand jury indicted Appellant on drug-trafficking and money laundering charges. Appellant pleaded guilty to money laundering violations. The government, meanwhile, instituted a forfeiture action in the United States District Court for the District of Puerto Rico to litigate forfeiture issues related to the criminal charges. The government asserted that several parcels of real estate and Appellant’s interests in certain businesses were forfeitable but did not mention Appellant’s interest in a professional basketball team (the Franchise). The parties eventually reached a settlement, but the settlement agreement did not mention the Franchise. Years later, Appellant filed this motion for execution of judgment seeking compensation for the government’s alleged seizure of the franchise ancillary to the criminal case. The government alleged that it had never seized the franchise. The district court denied Appellant’s motion. The First Circuit affirmed, holding that Appellant failed to establish that the Franchise was seized. View "United States v. Rivera-Ortiz" on Justia Law