(United States Second Circuit) - In an appeal of an award of summary judgment forfeiting claimants' properties to the U.
S. as proceeds traceable to violations of the International Emergency Economic Powers Act and certain Iranian Transactions Regulations issued by the Department of the Treasury forfeitable under 18 U.
S.
C. section 981(a)(1)(C),and as property involved in money laundering transactions forfeitable under 18 U.
S.
C. section 981(a)(1)(A), the summary judgment forfeiture is vacated where it could not be decided as a matter of law because:1) questions of fact as to whether claimants acted with the knowledge essential to support forfeiture on these grounds; and 2) the District Court erred in sua sponte considering and rejecting claimants' statute of limitations defense, or in denying claimants' motion to suppress evidence seized pursuant to a faulty warrant on the ground of inevitable discovery without making the particularized findings required by that exception.
Source: findlaw.com