Sunday, March 07, 2010

Hasidic Charity Can Claim Return of Seized Funds Only In Criminal Case

Friday's New Jersey Law Journal reports that a federal magistrate judge has ruled that a Hasidic Jewish charity cannot rely on 18 USC Sec. 983 to obtain a return of funds seized as part of a high profile public corruption and money laundering case. (See prior posting.) The court held that Gmach Shefa Chaim has an adequate remedy in a criminal case in which the government is suing for forfeiture of the $508,925 in the account. The court ruled that Sec. 983 only applies only to nonjudicial civil forfeitures of $500,000 or less and not to funds seized under a search warrant. [Thanks to Steven H. Sholk for the lead.]