context: The Second Circuit has repeatedly held that a general creditor lacks the property interest required by Section 853(n)(2) in order to confer standing to pursue a claim in an ancillary proceeding. See, e.g., DSI Assocs.
citation_a.signal: no signal
citation_a.identifier: 496 F.3d 184, 184
citation_a.parenthetical: holding that a claimant without an interest in a "particular, specific asset" lacks standing to initiate ancillary proceeding
citation_a.sentence: LLC, 496 F.3d at 184 (holding that a claimant without an interest in a “particular, specific asset” lacks standing to initiate ancillary proceeding); Ribadeneira, 105 F.3d at 836-37 (holding that general creditor lacked standing to petition to modify an order of forfeiture); Coluccio, 51 F.3d at 339 (holding that general creditors do not have standing to contest forfeitures); Schwimmer, 968 F.2d at 1581; see also Agnello, 344 F.Supp.2d at 372 (holding that party that did not establish ownership in specific funds was a general creditor that only had a right to payment). Accordingly, the court agrees with the government that Griffin lacks standing to pursue a claim to the funds subject to the preliminary orders of forfeiture. (Gov.
citation_b.signal: see also
citation_b.identifier: 344 F.Supp.2d 372, 372
citation_b.parenthetical: holding that party that did not establish ownership in specific funds was a general creditor that only had a right to payment
citation_b.sentence: LLC, 496 F.3d at 184 (holding that a claimant without an interest in a “particular, specific asset” lacks standing to initiate ancillary proceeding); Ribadeneira, 105 F.3d at 836-37 (holding that general creditor lacked standing to petition to modify an order of forfeiture); Coluccio, 51 F.3d at 339 (holding that general creditors do not have standing to contest forfeitures); Schwimmer, 968 F.2d at 1581; see also Agnello, 344 F.Supp.2d at 372 (holding that party that did not establish ownership in specific funds was a general creditor that only had a right to payment). Accordingly, the court agrees with the government that Griffin lacks standing to pursue a claim to the funds subject to the preliminary orders of forfeiture. (Gov.