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Willis Management (Vermont), Ltd., Venture Reinsurance Company, Ltd v. United States of America

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Argued: March 30, 2011

Before: STRAUB, SACK, and LYNCH, Circuit Judges.

Petitioners-Appellants Willis Management (Vermont), Ltd., and Venture Reinsurance 4 Company, Ltd., appeal from a Memorandum and Order and Final Order of Forfeiture entered by 5 the United States District Court for the District of Vermont (William K. Sessions, III, then-Chief 6 Judge) dismissing their petition for an ancillary hearing and rejecting their claim as beneficiaries 7 of a putative constructive trust in Defendant Kenneth MacKay’s forfeited assets. The District 8 Court ruled that the remission provision of 21 U.S.C. § 853(i) precluded the imposition of a 9 constructive trust in the petitioners’ favor. It also determined that imposing a constructive trust 10 would be inconsistent with the forfeiture statutory scheme provided in § 853. Because we 11 conclude that § 853(i) does not preclude, as a matter of law, recognizing a constructive trust and 12 because a constructive trust is not inconsistent with the forfeiture statutory scheme, we vacate 13 the petitioners’ dismissal from the ancillary proceeding, vacate the Final Order of Forfeiture, and 14 remand the case to the District Court for further proceedings 17 MATTHEW B. BYRNE (ROBERT B. HEMLEY, on the brief), Gravel and Shea, 18 Burlington, VT, for Petitioners-Appellants.

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