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.
The court’s decision in McIntosh, beyond resolving this obscure point of procedure, may also clarify whether the government can be strictly held to the kinds of deadlines that bedevil every other litigant.
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