Forfeiture Website - Copy of Memorandum of Law in Support of White-Collar Criminal Defendant's Motion in Related Ex Parte Attachment Action for Protective Order to Permit Him to Seek Recovery of Seized Assets without Loss of His 5th Amendment Right against Self-Incrimination; and for Recusal of District Attorney and Appointment of Special Prosecutor; and for Order Directing Prosecutor to Turn Over Evidence to the Court Clerk to Preserve for Special Prosecutor
First Published: 05/07/02; Last Revised: 05/07/02 at 08:00 and "Removed" on 1/19/08 -
see note at bottom of page
NOTE: AS YOU READ THIS FORFEIT WEBSITE, YOU MUST REMAIN AWARE, AT ALL TIMES, THAT THE MATERIAL YOU ARE READING CONTAINS ONLY ALLEGATIONS OF FACT, AS FILED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK OR VARIOUS STATE COURTS IN SUFFOLK COUNTY, NEW YORK, AS DISTINGUISHED FROM STATEMENTS OF FACT. THE TRUTH OR FALSITY OF EACH ALLEGATION BELOW WILL BE DECIDED BY A JUDGE OR JURY.
The following is a copy of a Memorandum of Law in Support of a Motion served on the District Attorney to reactivate the stayed forfeiture action, which was commenced without notice and through an ex parte attachment of all of the assets (except clothing, and household items) of an alleged white-collar criminal defendant, his wife, his children and his business corporations for allegedly not performing services promised as a professional finder.
The relief sought is to enable the alleged defendant and his family to be able to recover the seized assets to enable them to defend their liberty and property in the criminal and attachment proceedings, and for the appointment of a special district attorney (or "special prosecutor") to take over the criminal proceeding (because of the conflict of interest of the current district attorney, who is now a defendant in the civil action brought by the alleged criminal defendant), and for reference to such newly-appointed special prosecutor the matter of the alleged crimes which were committed by the prosecutor against the alleged white collar criminal defendant and his family, and to prosecute the prosecutor, if appropriate.
Memorandum of Law in Support of White-Collar Criminal Defendant's Motion in Related Ex Parte Attachment Action for Various Types of Relief to Oppose Ex Parte Attachment
PLEASE NOTE: If you want a copy of this file as it was before this "removal" on 1/19/08,
please send an email to carlpers@ix.netcom.com requesting the specific file you want, or
all of the "Removed Forfeit files" and I'll send them to you by email. The files could be
useful to anyone trying to obtain relief from a similar attack on their civil rights.
Copyright © 2002 by Carl E. Person