context: Consistent with this interpretation, the Fourth Circuit has held that "federal law requires a court to substitute assets for the unavailable tainted property," implicitly recognizing that Section 853(p) is incorporated into the civil forfeiture context through Section 2461.
citation_a.signal: cf.
citation_a.identifier: 626 F.3d 169, 169
citation_a.parenthetical: stating there is "no meaningful difference between the propriety of an in personam money judgment arising directly under 21 U.S.C. SS 853 ... and the propriety of an in personam money judgment under 21 U.S.C. SS 853 by way of 28 U.S.C. SS 2461(c
citation_a.sentence: See United States v. Alamoudi, 452 F.3d 310, 314 (4th Cir.2006) (holding that when a plea agreement or consent order does not explicitly prohibit seeking the forfeiture of substitute assets via civil forfeiture under § 981, the statutory scheme controls and requires the forfeiture of substitute assets pursuant to §§ 2461(c) and 853(p)); cf. Kalish, 626 F.3d at 169 (stating there is “no meaningful difference between the propriety of an in personam money judgment arising directly under 21 U.S.C. § 853 ... and the propriety of an in personam money judgment under 21 U.S.C. § 853 by way of 28 U.S.C. § 2461(c).”); Capoccia, 402 Fed.Appx. at 641 (holding that since “the reference in § 2461(c) to the “procedures” of § 853 includes the latter statute’s implicit authorization of in personam money judgments, we see no reason why this reference should not also include the forfeiture of substitute assets.”).
citation_b.signal: see
citation_b.identifier: 452 F.3d 310, 314
citation_b.parenthetical: holding that when a plea agreement or consent order does not explicitly prohibit seeking the forfeiture of substitute assets via civil forfeiture under SS 981, the statutory scheme controls and requires the forfeiture of substitute assets pursuant to SSSS 2461(c
citation_b.sentence: See United States v. Alamoudi, 452 F.3d 310, 314 (4th Cir.2006) (holding that when a plea agreement or consent order does not explicitly prohibit seeking the forfeiture of substitute assets via civil forfeiture under § 981, the statutory scheme controls and requires the forfeiture of substitute assets pursuant to §§ 2461(c) and 853(p)); cf. Kalish, 626 F.3d at 169 (stating there is “no meaningful difference between the propriety of an in personam money judgment arising directly under 21 U.S.C. § 853 ... and the propriety of an in personam money judgment under 21 U.S.C. § 853 by way of 28 U.S.C. § 2461(c).”); Capoccia, 402 Fed.Appx. at 641 (holding that since “the reference in § 2461(c) to the “procedures” of § 853 includes the latter statute’s implicit authorization of in personam money judgments, we see no reason why this reference should not also include the forfeiture of substitute assets.”).