United States v. 475 Martin Lane

Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Appellees and Urging Affirmance.

Brief filed: 01/28/2014


United States v. 475 Martin Lane

9th Circuit Court of Appeals; Case No. 12-56922 & 13-5555 & 13-5556

Prior Decision

On appeal from the United States District Court for the Central District of California, Case No. 2:04-cv-02788-ABC-PLA.


Congress enacted the CAFRA fee provision, over the government’s objection, to ensure the availability of competent counsel for persons whose property the government seizes and seeks to forfeit. The Anti-Assignment Act does not apply to assignments of potential future CAFRA fee awards. The defense of a civil forfeiture case does not involve a claim against the government. Future, potential rights to recover statutory attorney fees are not claims against the government.

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John D. Cline, Law Office of John D. Cline, San Francisco, CA; Lara Kollios, Boersch Shapiro LLP, San Francisco, CA; David Porter, Sacramento, CA.