Harber Corporation v. United States

Issue: (1) Whether the government, when it is ordered to make restitution of illegally seized funds to an innocent owner, may also be ordered to disgorge interest earned or realized on the funds; and (2) whether a petition by property owners to challenge in personam forfeiture proceedings by the government under 28 U.S.C. § 2465(b)(1) — which provides that the United States “shall be liable” for attorneys’ fees and costs incurred by claimants who substantially prevail “in any civil proceeding to forfeit property under any provision of Federal law” — is part of ”a proceeding to forfeit property” and whose petitioners, therefore, are entitled to fees and costs.

Briefs and Documents

Certiorari-stage documents

• Opinion below (3d Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioners' reply