July 11, 2007
Interesting Case of First Impression on Limitations
In U.S. v. Kozeny, __ F.Supp.2d __, 2007 WL 1821703 (S.D.N.Y. June 21, 2007), the district court had to determine the interplay between the five year catch-all statute of limitations (under 18 USC 3282) and a provision tolling limitations for the government to collect evidence abroad (under 18 USC 3292). (I couldn't find the case on the court's website). The specific issue was whether it took an application to a a foreign government to toll limitations, or a motion for an order of the court to do so, since limitations had ran after the applicaiton to the foreign goverment for evidence, but before the government moved for an ordered suspending limitations. The court created a split by holding that the goernment had to file its motion before limitations expired.
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