William J. McCorkle - Page 13

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               ordered forfeited to the United States, unless the                     
               transferee establishes in a hearing pursuant to                        
               subsection (n) of this section that he is a bona fide                  
               purchaser for value of such property who at the time of                
               purchase was reasonably without cause to believe that                  
               the property was subject to forfeiture under this                      
               section.                                                               
               Title 21 U.S.C. sec. 853(n)(1), provides that, following the           
          entry of an order of forfeiture, the United States shall give               
          notice of the order, and section 853(n)(2) thereof provides that            
          any person, “other than the defendant”, asserting a legal                   
          interest in the property ordered to be forfeited, has 30 days to            
          petition the court for a hearing to adjudicate the validity of              
          his alleged interest.  Following the District Court’s disposition           
          of any petitions filed under 21 U.S.C. sec. 853(n)(2), or, if               
          none are filed, after the close of the period for filing such               
          petitions, 21 U.S.C. sec. 853(n)(7) provides “the United States             
          shall have clear title to property that is the subject of the               
          order of forfeiture and may warrant good title to any subsequent            
          purchaser or transferee.”                                                   
          II.  Arguments of the Parties                                               
               The essence of petitioner’s argument is that he satisfied              
          the 1996 tax liability with the $2 million remittance before he             
          forfeited to the United States his ownership rights in the                  
          laundered funds (the source of the $2 million remittance).                  
          Petitioner believes that the rights of the United States under              
          the forfeiture statute did not ripen until (1) he was convicted,            






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