The U.S. Supreme Court in Washington, D.C. Photo: Diego M. Radzinschi/ALM
On Sept. 29, 2023, the U.S. Supreme Court granted certiorari in McIntosh v. United States to determine whether a district court may enter a preliminary order of forfeiture divesting a defendant of his or her property outside the time limits set forth in the Federal Rules of Criminal Procedure.
A preliminary order of forfeiture is typically a ministerial formality and rarely the subject of controversy. A circuit split has developed, however, regarding the consequences that may arise from the government’s failure to comply with the requirements of the preliminary order rule in a timely fashion.
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