William J. McCorkle - Page 17

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          the Marshals Service pursuant to an order that he was bound to              
          obey.                                                                       
               C.  Respondent’s Failure To Defend Against the Forfeiture              
               Order                                                                  
               Petitioner concedes that respondent failed to defend against           
          the forfeiture order pursuant to a hearing authorized by 21                 
          U.S.C. sec. 853(n)(2).  Nevertheless, petitioner argues that,               
          when respondent received the $2 million remittance, respondent              
          was reasonably without cause to believe that the remittance was             
          subject to forfeiture.  Therefore, petitioner continues, since              
          the remittance was received in payment of petitioner’s tax debt,            
          respondent could have successfully defended against the                     
          forfeiture order as a bona fide purchaser for value.  See 21                
          U.S.C. sec. 853(c), (n)(6)(B).5  Because respondent remained                
          silent when he could have spoken up, petitioner argues that                 
          respondent should be barred from collecting the 1996 tax                    
          liability (in petitioner’s words, “a second time”).  Respondent             
          answers that he could not have defended against the forfeiture              
          order since, when he received notice of it, he was without                  
          standing to make a claim as a third party with a legal interest             





               5  We note that this argument implicitly acknowledges the              
          relation-back doctrine, since it assumes a transfer of property             
          to a third party after ownership of the property vests in the               
          United States.  See 21 U.S.C. sec. 853(c).                                  





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