UNITED STATES OF AMERICA, Appellee, v. ANTHONY SALERNO, VINCENT CAFARO, VINCENT DI NAPOLI, LOUIS DI NAPOLI, GUISEPPE SABATO, CARMINE DELLA CAVA, THOMAS CAFARO, JOHN TRONOLONE, MILTON ROCKMAN, NICHOLAS AULETTA, EDWARD J. HALLORAN, ALVIN O. CHATTIN, RICHARD COSTA, ALPHONSE MOSCA, NEIL MIGLOIRE AND MATTHEW IANNIELLO, Defendants, BLUE CIRCLE ATLANTIC, INC., Appellant, 932 F.2d 117

Summary

Defendant cement companies were in bankruptcy when their owners were ordered to forfeit their interest in defendants to the federal government because of criminal convictions. The bankruptcy court approved the bankruptcy trustee's request to sell the assets of the companies. The government requested permission to transfer the companies to the trustee and appellant, an unsecured creditor of the companies, objected. The district court issued orders authorizing the federal government to relinquish the companies and approving of the sale. The court of appeals affirmed the district court's order authorizing the relinquishment and sale. Appellants again sought review, arguing that the relinquishment order violated the guarantee of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.S. § 1963(1)(6)(B), that interests of bona fide purchasers for value were exempt from orders of forfeiture, and that the relinquishment order violated due process. The court of appeals ...