- 14 - (2) the jury rendered a special verdict of forfeiture, and (3) the District Court entered the forfeiture order. Moreover, petitioner argues that, since respondent was a bona fide purchaser for value reasonably without cause to believe the $2 million remittance was subject to forfeiture, he could have defended against the forfeiture order and, because he failed to do so, should be barred from trying to collect the 1996 tax liability. Respondent counters that, on account of his criminal conviction, petitioner cannot challenge the validity of the forfeiture order or respondent’s compliance with it. Respondent also argues that, since, at the time he received notice of the forfeiture order, he had not assessed petitioner’s 1996 income tax liability, he had no standing to make a claim as a bona fide purchaser for value. III. Analysis A. Introduction The jury in the criminal case returned a special verdict of forfeiture with respect to the $2 million remittance. In returning the special verdict, the jury necessarily found that petitioner had transferred $2 million of laundered proceeds to the IRS. Cf. United States v. McCorkle, 321 F.3d at 1294 n.2. Thereafter, the District Court entered the forfeiture order, the United States presumably notified respondent of the order, and,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011