United States v. Evick
286 F.R.D. 296
N.D.W. Va.2012Background
- This is an order denying a motion to dismiss the criminal forfeiture allegation in a case against Richard Evick.
- The Indictment includes a forfeiture allegation listing Evick’s real property in Parsons, West Virginia, and seeks forfeiture of related property and a money judgment under 18 U.S.C. §1956(a)(1)(B)(i) and (h).
- No party requested that the jury be retained to determine forfeitability of specific property; the jury was released after verdict.
- Defendant Evick moves to dismiss the forfeiture allegation, arguing there was no evidence or jury determination on forfeitability.
- The court analyzes Rule 32.2 and Fourth Circuit precedent to decide whether the missed jury-determination deadline warrants dismissal; the court concludes it does not.
- The court denies Evick’s motion and indicates it may address forfeitability in a separate order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to retain the jury warrants dismissal | Government asserts no dismissal due to lack of jury determination | Evick argues the forfeiture allegation lacks proper jury involvement | Denied |
| Whether Rule 32.2(b)(5)(A) deadline is jurisdictional | Government characterizes deadline as time-related directive, not jurisdictional | Evick contends the deadline undermines rights | Time-related directive; does not deprive jurisdiction |
| Whether forfeiture is mandatory despite the missed deadline | Government maintains forfeiture must be imposed if supported by the record | Evick disputes applicability due to procedural missteps | Court permits forfeiture and denies dismissal; will address specifics in separate order |
Key Cases Cited
- United States v. Martin, 662 F.3d 301 (4th Cir. 2011) (forfeiture framework; deadline treated as time-related directive)
- United States v. Jalaram, Inc., 599 F.3d 347 (4th Cir. 2010) (mandatory forfeiture upon conviction; cannot ignore statute absent constitutional violation)
- Libretti v. United States, 516 U.S. 29 (U.S. 1995) (jury determination rights for forfeiture in relation to statute)
- Bajakajian v. United States, 524 U.S. 321 (U.S. 1998) (penalty for forfeiture; proportionality considerations)
- Dolan v. United States, 130 S. Ct. 2533 (2010) (framework for classifying deadlines: jurisdictional, claims-processing, time-related)