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On February 25, 2014, the United States Supreme Court held that criminal defendants are not entitled to challenge a grand jury’s probable cause determination at a post-indictment asset seizure hearing. Defendants Kerri and Brian Kaley were indicted for transporting stolen medical devices across state lines, a fact they disputed (i.e., they asked, “How can you steal what is not stolen?”). Prior to their indictment, the Kaleys applied for a $500,000 equity line of credit, which was transferred to a $500,000 certificate of deposit in order to pay for legal counsel. Shortly after their seventeen-count indictment, the Government obtained an ex parte order, pursuant to Title 21 U.S.C. §853(e) (1), prohibiting the Kaleys from “transferring any assets traceable to or involved in the alleged offense.”

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