In re 650 Fifth Avenue & Related Properties, No. 17-3258 (2d Cir. 2019)Annotate this Case
The United States filed a civil action seeking forfeiture of property owned by the claimant. The jury ultimately found for the government and the district court entered judgment ordering forfeiture of the claimants' property.
The Second Circuit held that the district court abused its discretion by denying the claimants' motion for discovery on their statute-of-limitations defense and erroneously granted the government's motion for summary judgment on the timeliness issue; the district court erroneously denied claimants' motion to suppress by incorrectly concluding that the exclusionary rule's good‐faith exception forgave the warrant's defects and by applying the wrong legal standard for the inevitable‐discovery exception; and the district court abused its discretion in its orders forbidding the former Alavi board members from testifying at trial, allowing the government to play the videotaped Fifth Amendment invocations, and prohibiting the claimants from mounting their preferred defense. Accordingly, the court reversed in part, vacated in part, and remanded for further proceedings.