On September 29, 2023, in a notable move, the U.S. Supreme Court conceded certiorari in McIntosh v. United States. The contentious issue up for review is whether a district court may enter a preliminary order of forfeiture to strip a defendant of his or her property, outside the time limits prescribed by the Federal Rules of Criminal Procedure. (New York Law Journal)
As a rule, a preliminary order of forfeiture is usually a standard procedural act that scarcely stirs debate. However, a clear dissent has emerged amongst lower courts regarding the potential implications when the government fails to adhere to the protocols of the preliminary order in a punctual manner.
The decision from the Supreme Court in McIntosh is awaited with keen interest as it is expected to bring clarity to whether the government can be rigidly bound by the deadlines that beleaguer every other litigant. Hence, this ruling may have a significant impact on future forfeiture cases and the broader understanding of adherence to the rules set forth in the Federal Rules of Criminal Procedure.