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Case Summary
United States v. The Painting Known as "Le Marché"
United States v. The Painting Known as “Le Marché,” No. 1:06-cv-12994 (RJS) (S.D.N.Y. July 2, 2009), aff'd, United States v. The Painting Known as “Le Marché,” No. 10-300-cv (2d Cir. 2011).
Précis
In this civil
forfeiture
Loss of property under compulsion of legal authority.
forfeiture action, the United States sought recovery of a work of art stolen abroad and sold in the United States to a buyer who did not know it was stolen. Ruling on the parties’ cross-motions for
summary judgment
A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law. This procedural device allows the speedy disposition of a controversy without the need for trial (Black’s Law Dictionary (8th ed. 2004)).
summary judgment, the court held that the Civil Asset Forfeiture Reform Act’s (CAFRA)
innocent owner defense
A forfeiture-action defense in which the owner of property asserts that another person committed the wrongful act or omission while using the property without the owner's knowledge or consent (Black’s Law Dictionary (8th ed. 2004)).
innocent owner defense did not apply to forfeiture actions brought under U.S. customs laws. Accordingly . . . .
Associated Legal Decision(s)
Associated Statutes and/or Legislation
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