before the court and potentially a new trial. Obviously, significant legal expenses will beincurred. Additionally, the Reeses require money for subsistence which will be established at anevidentiary hearing in this matter. Mr. Reese will testify regarding his lack of any financialresources to support himself and his family since all of their money and assets were seized by thegovernment and are subject to the forfeiture in this matter.
, Exhibit A (Affidavit of Rick Reese).6. As such, the Reeses request the release of their assets pursuant to
United States v. Jones
, 160 F.3d 645-49 (10th Cir. 1998). Proceedings surrounding the motion for return of property seized in a criminal case are civil in nature.
United States v. Maez
, 915 F.2d 1466, 1468(10th 1990), and based on equitable principles,
see United States v. Madden
, 95 F.3d 38, 40(10th 1996). “The Civil Asset Forfeiture Reform Act, 18 U.S.C. § 983, governs all requests for the pretrial release of property that has been seized for civil forfeiture.”
United States v. Approximately up to $15,034,6633 in Funds Contained in Ten Bank Accounts
, 844 F. Supp. 2d 1216 (D. Utah 2011). A claimant may be entitled to immediate release of seized property if fivespecific criteria are satisfied:(A) the claimant has a possessory interest in the property;(B) the claimant has sufficient ties to the community to provide assurance thatthe property will be available at the time of the trial;(C) the continued possession by the Government pending the final dispositionof forfeiture proceedings will cause substantial hardship to the claimant,such as preventing the functioning of a business, preventing an individualfrom working, or leaving an individual homeless;(D) the claimant's likely hardship from the continued possession by theGovernment of the seized property outweighs the risk that the propertywill be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the proceeding; and (E) none of the conditions set forth in paragraph (8) applies.18 U.S.C. § 983(f)(1). Paragraph 8 denies relief where the property:3
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