U.S. District Court for Massachusetts
United States v. John B. Wilson, et al.
NELF Submits Proposed Amicus Brief in Federal Forfeiture Case: Urges Actual Notice Requirement Before Seizing Property
NELF has filed a motion seeking leave to file an amicus brief in support of a citizen, John B. Wilson, in connection with the so-called “Varsity Blues” college bribery scandal.
Wilson was exonerated of criminal charges in the First Circuit and the federal government then dismissed a forfeiture action which has sought to seize $1 million of funds belonging to Wilson. The government then seized the funds in a separate action, for which Wilson had not received formal notice. Wilson seeks return of the seized funds in the pending action.
NELF’s mission includes defense of “property rights” as well as “rule of law.” Since the government’s position is that it was not required to provide actual, formal notice before seizing Wilson’s property, NELF has raised a concern that this approach may reflect a DOJ policy or practice applicable to all persons and companies in this federal judicial district. For the reasons stated in our proposed amicus brief, NELF asserts that the federal government is required to give actual, formal notice before seizing the property of any person or company.
The motion for leave will be decided by U.S. District Judge Denise Casper. We are hopeful that NELF’s point of view will be helpful to the Court.