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Forfeiture Filing Limit Not Jurisdictional (access required)

By Deborah Elkins
Published: November 19, 2012

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In this civil forfeiture proceeding, the government’s failure to file its forfeiture petition within the 90-day time limit of 18 U.S.C. § 983(a)(3) was not jurisdictional, and the 4th Circuit says because a drug defendant did not invoke this statute of limitations during the forfeiture proceeding, he forfeited this defense. Defendant asserted a claim for $13,963 ...
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