USA v. 186,416.00 in US, No. 07-56549 (9th Cir. 2011)
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United Medical Caregivers Clinic ("UMCC") prevailed in a civil forfeiture proceeding initiated by the United States. UMCC moved for an award of attorneys fees under the Civil Asset Forfeiture Reform Act ("CAFRA"), 28 U.S.C. 2465(b)(1)(A), and requested that the fee award be paid directly to counsel. At issue was whether the amount requested for attorneys fees was appropriate and whether CAFRA permitted that the fee award be paid directly to UMCC's counsel. The court referred the matter to the Appellate Commissioner and held that the lodestar method would be used to calculate the amount of an appropriate fee award and held that the actual fee agreement between UMCC and its attorney may be taken into account but was not by itself determinative in calculating the appropriate amount of the fee award. The court also held that attorney fee awards under CAFRA were payable to the claimant, UMCC, but not to the claimant's attorney.
This opinion or order relates to an opinion or order originally issued on January 7, 2010.
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