Can a non-party whose assets were restrained by a District Judge presiding over a criminal case, and who was blocked from a timely opportunity to be heard on the propriety of the restraint, appeal either under Section 1292(a)(1)'s authorization to appeal orders refusing to modify an 'injunction,' or under Section 1291?

QUESTIONS PRESENTED FOR REVIEW 1. Can a non-party whose assets were restrained by a District Judge presiding over a criminal case, and who was blocked from a timely opportunity to be heard on the propriety of the restraint, appeal either under Section 1292(a)(1)’s authorization to appeal orders refusing to modify an “injunction,” or under Section 1291? 2. Do the forfeiture statutes permit prosecutors to obtain an ex parte restraint of assets that are not, and never have been, owned by any defendant, and then block that non-party owner of the assets from any opportunity to be heard before the defendants’ sentencing? 3. Regardless of the forfeiture statutes, does the Constitution require that a non-defendant, non-party be afforded at least a post-restraint opportunity to be heard regarding the lack of nexus between the non-party’s assets and the defendants or the alleged crime?