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US v. Contents of Accounts, 10-5799

By FindLaw Staff on January 04, 2011 | Last updated on March 21, 2019
Civil forfeiture proceeding for mail and wire fraud relating to interstate cigarette sales

US v. Contents of Accounts, 10-5799, concerned civil forfeiture proceedings to seize numerous bank accounts and other assets belonging to defendants, arising from the government's allegations, among other things, of mail and wire fraud relating to the interstate sale of cigarettes.

In affirming the district court's denial of defendants' motions to either dismiss the forfeiture complaint or a preliminary injunction ordering the return of their property pending disposition of the case, the court held that preliminary injunctive relief under Rule 65 of the Federal Rules of Civil Procedure is not available to civil forfeiture claimants.  Further, there is no basis to review the district court's denial of defendants' motion to dismiss the complaint.

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