Consider this situation: a dispute has arisen between two parties in relation to an agreement which is subject to an arbitration clause. Separately, a winding up application has been made against one of the parties to the arbitration in the jurisdiction in which it is incorporated. An arbitral award is obtained against the potentially insolvent company. That company has assets in Hong Kong, against which the creditor is now seeking to enforce their rights.
The Department of Justice is changing its method of providing public notice for civil and administrative forfeitures. The Government has traditionally published forfeiture notices in newspapers. Instead, the Government will now post generalized notices at www.forfeiture.gov.
The Government must provide actual notice of forfeiture proceedings to those the Government knows have claimed an interest in property to be forfeited. In a fact pattern the Sixth Circuit characterized as "befitting a John Grisham novel," the Government dug up (literally) a fraudster’s $250,000 on a golf course. The Government found the money in October 2009 and instituted forfeiture proceedings. In November and December 2009, the Government posted a generalized notice of forfeiture on the internet.