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Asset Forfeiture and Bankruptcy Case Coordination

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Published on Jan 16, 2014

SHOW MORE FOR LINKS TO STATUTES AND DOCUMENTS. The overlap of asset forfeiture and bankruptcy brings problems to district and bankruptcy judges because there are no statutory, case law or procedural rules to govern these similar cases in different courts. This program gives federal judges basic information about the processes in each other's court and guidance on how to proceed to ameliorate the difficulties for all concerned.

Panelists are Judge Ann D. Montgomery (D. Minn.); Judge Martin Glenn, (Bankr. S.D.N.Y.); Sharon Cohen Levin, Chief of the Asset Forfeiture Unit of the U.S. Attorney's Office, Southern District of New York; and Irving Picard, SIPA Trustee for Bernard L Madoff Investment Securities LLC. The moderator is Judge David Coar (Ret., Dist. and Bankr. N.D. Ill.).

OUTLINE

Part 1: Who is involved in these cases and the steps in the processes (00:34)
http://www.youtube.com/watch?v=kQlPZL...

Part 2: Involvement of judges in both asset forfeiture and bankruptcy cases (14:43)
http://www.youtube.com/watch?v=kQlPZL...

Part 3: Coordination agreements between parties (26:05)
http://www.youtube.com/watch?v=kQlPZL...

Part 4: Fees and the costs of the bankruptcy process (46:49)
http://www.youtube.com/watch?v=kQlPZL...

Part 5: District and bankruptcy judges coordinate with each other (54:20)
http://www.youtube.com/watch?v=kQlPZL...

Part 6: Issues involving trustees and criminal case investigation (1:00:06)
http://www.youtube.com/watch?v=kQlPZL...

Part 7: Final thoughts and advice (1:14:19)
http://www.youtube.com/watch?v=kQlPZ9...

COORDINATION AGREEMENTS

Dreier Coordination Agreement
http://www.fjc.gov/public/pdf.nsf/loo...

Dreier Opinion
http://www.fjc.gov/public/pdf.nsf/loo...

Petters Coordination Agreement
http://www.fjc.gov/public/pdf.nsf/loo...

Petters Order Declining Restitution
http://www.fjc.gov/public/pdf.nsf/loo...

CIVIL FORFEITURE STATUTES AND RULES

18 USC § 981. Civil forfeiture
http://uscodebeta.house.gov/view.xhtm...

18 USC § 983. General rules for civil forfeiture proceedings
http://uscodebeta.house.gov/view.xhtm...

Fed. R. Civ. P., Supp. Rule G. Forfeiture Actions in REM
http://www.law.cornell.edu/rules/frcp...

CRIMINAL FORFEITURE STATUTES AND RULES

21 USC § 853. Criminal forfeiture
http://uscodebeta.house.gov/view.xhtm...

18 USC § 982. Criminal forfeiture
http://uscodebeta.house.gov/view.xhtm...

18 USC § 1963. Criminal penalties
http://uscodebeta.house.gov/view.xhtm...

28 USC § 2461(c). Mode of recovery
http://uscodebeta.house.gov/view.xhtm...

Fed. R. Crim. P. 32.2 Criminal Forfeiture
http://www.law.cornell.edu/rules/frcr...

RESTITUTION STATUTES

18 USC § 3663. Order of restitution
http://uscodebeta.house.gov/view.xhtm...

18 USC § 3663A. Mandatory restitution to victims of certain crimes
http://uscodebeta.house.gov/view.xhtm...

18 USC § 3664. Procedure for issuance and enforcement of order of restitution
http://uscodebeta.house.gov/view.xhtm...

REGULATIONS GOVERNING REMISSION OR MITIGATION OF CIVIL AND CRIMINAL FORFEITURES

28 CFR Part 9 Regulations Governing Remission or Mitigation of Civil and Criminal Forfeitures
http://www.law.cornell.edu/cfr/text/28/9

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