DaVinci Aircraft, Inc. v. United States, et al.
FourthAmendment FifthAmendment DueProcess Takings CriminalProcedure
Does the exception for forfeitures created by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA) apply to goods seized in violation of the Fourth Amendment?
QUESTIONS PRESENTED FOR REVIEW 1. Does the exception for forfeitures created by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), Pub. L. No. 106-185, § 3, 114 Stat. 202 for property “seized for the purpose of forfeiture” apply to goods seized in violation of the Fourth Amendment? 2. Does the CAFRA exception and the “detention of goods” exception to the Federal Tort Claims Act, 28 U.S.C. § 26801(h) bar the district court from exercising subject matter jurisdiction barring such claims when a Federal government agency’s “discretionary action” is based on an allegedly false and fraudulent claim that the goods are “classified” and subject to security controls that would involve criminal liability under the Espionage Act, 18 U.S.C. § 793(d)? 3. Can the district court’s denial of a request for leave to file an amended complaint naming additional individual defendants, unknown at the time of filing but named as Does 1-10, invalidate the claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971)?