Does a hearing need to be held before a court can issue a protective order against assets of a defendant after the indictment has been filed?

MultiRegion, United States of America

The following excerpt is from U.S. v. Monsanto, 924 F.2d 1186 (2nd Cir. 1989):

Nothing in those words suggests that after an indictment has been filed a hearing must be held before a court may issue a protective order. See United States v. Bissell, 866 F.2d 1343, 1349, 1352 (11th Cir.), cert. denied, --- U.S. ----, 110 S.Ct. 146, 107 L.Ed.2d 104 (1989). Significantly, when the government seeks to restrain assets prior to the filing of an indictment a different procedure is provided. In that case a protective order may be issued only if--after notice to persons who may have an interest in the property and an opportunity for a hearing--the court determines that (1) there is a substantial probability

Page 1206

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