Kaley v. United States (571 U.S. 320)
U.S. Supreme Court · decided February 25, 2014 · Supreme Court Database (Spaeth)
- Citation
- 571 U.S. 320 · 134 S. Ct. 1090
- Docket
- No. 12-464
- Argued
- October 16, 2013
- Decided
- February 25, 2014
- Term
- October Term 2013
- Vote
- 6–3
- Majority author
- Justice Kagan
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Justice Scalia, Justice Kennedy, Justice Thomas, Justice Ginsburg, Justice Alito, Justice Kagan (wrote)
- Dissenting
- Chief Justice Roberts (wrote), Justice Breyer, Justice Sotomayor
Oral argument transcript and advocates · Opinion on Justia
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2013 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus KALEY ET VIR v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12–464. Argued October 16, 2013—Decided February 25, 2014 Title 21 U. S. C. §853(e)(1) empowers courts to enter pre-trial restrain- ing orders to “preserve the availability of [forfeitable] property” while criminal proceedings are pending. Such pre-trial asset restraints are constitutionally permissible whenever probable cause exists to think that a defendant has committed an offense permitting forfeiture and that the assets in dispute are traceable or otherwise sufficiently re- lated to the crime charged. United States v. Monsanto, 491 U. S. 600. After a grand jury indicted petitioners, Kerri and Brian Kaley, for reselling stolen medical devices and laundering the proceeds, the Government obtained a §853(e)(1) restraining order against their as- sets. The Kaleys moved to vacate the order, intending to use a por- tion of…
Excerpt of a 88,921-character opinion. The full text and citation network load in the interactive viewer above.