发言原文
因为beginning 我😂， 在第一个强制令被拒后， 陈述了这个问题： E. 21 U.S.C. § 853(n) NON-CVRA Rights and 18 U.S.C. § 3771 CVRA Rights Petitioner objects to the Government and the courts’ unilateral classification of the Petitioner as a 'crime victim' of the Defendant, when the Petitioner’s true legal status is that of an innocent owner with a superior interest under 21 U.S.C. § 853(n). The courts’ reliance on the 'non-CVRA' designation to dismiss this petition is a mistake of law because it ignores the independent statutory right to an ancillary proceeding under § 853(n). Under 21 U.S.C. § 853(n) NON-CVRA Petitioner: 1) Has indisputable specific legal interest in the assets, every transaction is traceable. 2) Is a Bona Fide purchaser who has clear title to the assets and no knowledge of the alleged crimes at the time of the investments. 3) Has preponderance of the evidence to support Petitioner’s asset claims. But at the same time, Petitioner: 1) Clearly is the victim of the Government’s questionable seizure: The Government seizure has caused undue hardship by preventing the petitioner from realizing the time-value of the capital and the Government's delay in adjudication has resulted in a de facto reduction of the Petitioner's interest. The court-appointed trustee Luc has breached his fiduciary duty by incurring exorbitant expenditures and failing to exercise due diligence in the management and sequestration of the properties. Trust asset has suffered a significant diminish value and wastage due to trustee Luc's failure to preserve the assets. 2) Is not a CVRA victim of the Defendant: There was no contractual privity between the Petitioner and the Defendant; the Defendant was not a recipient or custodian of the Petitioner’s capital. The Defendant has never engaged in the conversion or misappropriation of the Petitioner’s G-series funds.