Briefing Completed in Ongoing ACCG Forfeiture Case
Update on ACCG test case in Baltimore
Peter K. Tompa |
December 02, 2016
The parties have completed briefing in the ongoing ACCG Forfeiture case. The Guild’s consolidated opposition and reply brief can be found Here and the Government’s opposition and reply briefs can be found Here and Here.
In its most recent brief, the Guild has argued, “The Guild’s Motion for Summary Judgment finds support in this Court’s June 3, 2014 Order, the plain meaning of the CPIA, the Fifth Amendment due process clause of the U.S. Constitution, applicable case law, the rules of statutory construction, legislative history, sworn statements from Presidential appointees on CPAC, admissions by a high-ranking State Department lawyer, representations the government previously made to this Court about the burden of proof in a forfeiture action even where import restrictions have been found “valid,” the 1970 UNESCO Convention, E.U. export regulations, WTO rules, the national laws of Cyprus and China, and unrebutted expert testimony. The Guild has either rebutted the government’s prima facie case and/or the government has failed to meet its own burden.”
In contrast, the Government has argued that the matter has already been decided in a previous Fourth Circuit decision that affirmed dismissal of the Guild’s action seeking to overturn or modify import restrictions on coins. The Court’s decision is expected in the coming months.