SEARCH

Willis Management (Vermont), Ltd., Venture Reinsurance Company, Ltd v. United States of America

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Argued: March 30, 2011

Before: STRAUB, SACK, and LYNCH, Circuit Judges.

Petitioners-Appellants Willis Management (Vermont), Ltd., and Venture Reinsurance 4 Company, Ltd., appeal from a Memorandum and Order and Final Order of Forfeiture entered by 5 the United States District Court for the District of Vermont (William K. Sessions, III, then-Chief 6 Judge) dismissing their petition for an ancillary hearing and rejecting their claim as beneficiaries 7 of a putative constructive trust in Defendant Kenneth MacKay’s forfeited assets. The District 8 Court ruled that the remission provision of 21 U.S.C. § 853(i) precluded the imposition of a 9 constructive trust in the petitioners’ favor. It also determined that imposing a constructive trust 10 would be inconsistent with the forfeiture statutory scheme provided in § 853. Because we 11 conclude that § 853(i) does not preclude, as a matter of law, recognizing a constructive trust and 12 because a constructive trust is not inconsistent with the forfeiture statutory scheme, we vacate 13 the petitioners’ dismissal from the ancillary proceeding, vacate the Final Order of Forfeiture, and 14 remand the case to the District Court for further proceedings 17 MATTHEW B. BYRNE (ROBERT B. HEMLEY, on the brief), Gravel and Shea, 18 Burlington, VT, for Petitioners-Appellants.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More

Associate Attorney

Cicchiello & Cicchiello, LLP - Hartford Law Firm seeking to hire an Associate Attorney. We focus our practice primarily on Personal Inju...

Apply Now ›

Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...

Apply Now ›

FINANCE & REAL ESTATE ATTORNEY - Connecticut Preferred; Remote will be considered

Shipman & Goodwin LLP is seeking a attorney to expand our national commercial real estate lending practice. Candidates should have at l...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›

06/21/2024
Daily Business Review

Full Page Announcement

View Announcement ›

Blume Forte Fried Zerres & Molinari

06/14/2024
New Jersey Law Journal

Professional Announcement

View Announcement ›