United States v. Daugerdas, No. 17-898 (2d Cir. 2018)Annotate this Case
Petitioner challenged the district court's dismissal of her petition asserting a third party interest in certain accounts preliminarily forfeited in the underlying criminal proceedings against her husband, Paul M. Daugerdas. The Second Circuit held that the petition did not currently contain sufficient plausible allegations to sustain her position, but pleading additional facts would not necessarily be futile. Therefore, the court vacated the district court's order because denying petitioner the ability to assert the argument she raised here could potentially permit the government to deprive her of her own property without due process of law.