No. 18-767

Ancient Coin Collectors Guild v. United States

Lower Court: Fourth Circuit
Docketed: 2018-12-17
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment archaeological-objects burden-of-proof civil-forfeiture cultural-property due-process export-control import-restrictions prospective-application unesco-convention
Latest Conference: 2019-02-15
Question Presented (from Petition)

1. Did the courts below violate the Guild's 5th Amendment Due Process Rights when they authorized the forfeiture of the Guild's private property without any showing that the Guild's coins were illicitly exported from Cyprus or China after the effective date of import restrictions?

2. In a civil forfeiture action implicating the Guild's 5th Amendment Due Process Rights, did a prior decision upholding import restrictions under a highly deferential ultra vires standard of review "foreclose" consideration of legislative history, judicial admissions, and other information relevant to the Government's burden of proof?

Question Presented (AI Summary)

Did the courts below violate the Guild's 5th Amendment Due Process Rights when they authorized the forfeiture of the Guild's private property without any showing that the Guild's coins were illicitly exported from Cyprus or China after the effective date of import restrictions?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-16
Waiver of right of respondent United States to respond filed.
2018-12-12
Petition for a writ of certiorari filed. (Response due January 16, 2019)

Attorneys

Ancient Coin Collectors Guild
Peter Karl TompaBailey & Ehrenberg PLLC, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent