No. 21-990

Aldrich L. Boss, as Personal Representative of the Estate of Stewart R. Crane v. United States, et al.

Lower Court: First Circuit
Docketed: 2022-01-12
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment bona-fide-purchase fifth-amendment forfeiture innocent-owner-defense property-forfeiture public-record standing takings-clause
Latest Conference: 2022-03-04
Question Presented (from Petition)

Whether the Fifth Amendment's Takings Clause permits the establishment of a new category of property for forfeiture purposes in the form of a perpetual "public record," thereby, allowing the Government to seize the Letter from Alexander Hamilton to the Marquis De Lafayette Dated July 21, 1780 ("Hamilton Letter"), after said Hamilton Letter was no longer possessed by any governmental entity, without any evidence produced or demonstrating the Hamilton Letter was ever stolen, to avoid standing of the Petitioners.

Whether the innocent owner defense should have applied since Petitioners held the Hamilton Letter through a bona fide purchaser for value.

Question Presented (AI Summary)

Whether the Fifth Amendment's Takings Clause permits the establishment of a new category of property for forfeiture purposes

Docket Entries

2022-03-07
Petition DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-01-25
Waiver of right of respondent United States to respond filed.
2022-01-03
Petition for a writ of certiorari filed. (Response due February 11, 2022)

Attorneys

Aldrich Boss
Ernest Edward BadwayFox Rothschild LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent