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Ethics & Attorney Fees |  | | May 30-June 03, 2011 FindLaw.com Weekly Ethics & Attorney Fees Newsletter | | You may forward this e-mail in its entirety.
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Ethics & Attorney Fees United States Second Circuit, 06/03/2011
US v. The Painting Known as Le Marché, No. 10-300
In a dispute arising from a forfeiture action by the government, U.S.C. Section 1595a, concerning a Camille Pissarro monotype, judgment of the district court by denying real party 18 U.S.C. Section 983 protections and attorney fees is affirmed because: 1) Section 1595a actions are not governed by Section 983, and therefore real party was not entitled to raise the innocent-owner defense provided by Section 983(d) or to take advantage of the heightened proof requirement of Section 983(c); and 2) real party was not a prevailing party within the meaning of 28 U.S.C. Section 2465(b)(1). Read more... 
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