Timofey v. v. United States

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The Third Circuit affirmed the District Court's denial of Timofey V's and ANO Dialog's Federal Rule of Criminal Procedure 41(g) motion for return of the seized domain name waronfakes.com. The panel held the movants had Article III standing because evidence showed Timofey V remained the domain's registrant and because the Government's redressability attack conflated the merits with standing, but it affirmed because the movants could not lawfully receive the domain: ANO Dialog is on OFAC's blocked-persons list, Timofey V is its employee, and neither holds an OFAC license, so any transfer would violate the sanctions regime. The court further held that no evidentiary hearing was required, that the movants' IEEPA informational-materials and General License No. 25 arguments were forfeited, and that the Government's roughly twenty-month silent retention, while approaching the limits of reasonableness, was not arbitrary, fanciful, or clearly unreasonable.