Melisa Singh v. United States

Nearly 97 percent of all federal convictions are the result of guilty pleas. When forfeiture is sought in those cases, the right of third party property owners to challenge the forfeitability of their property is dependent on the circuit in which the case is prosecuted. There is a sharp divide among the circuits on this issue. Some courts recognize the due process and property rights of third party petitioners in this regard, while others, including the Third Circuit, do not. The question presented is: Whether a third party property owner is permitted to challenge the lawfulness of the forfeiture of his or her property in a criminal proceeding, particularly where the sole basis for the forfeiture is the defendant’s plea and consent forfeiture agreement.