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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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