Although, since the interest attached at the time of the offense, the government has a superior claim to the forfeited funds, if the recipient of a gratuitous transfer can allege facts sufficient to infer that the transfer preceded the criminal acts, Due Process and the statute both allow the third party, despite the issues resolved in the criminal action, to claim a superior interest, since commingling of funds would bar the relation-back of the government's interest.
"Pled."
http://www.ca2.uscourts.gov/decisions/isysquery/594b7f87-3c10-48a4-8c8c-42b1d446d0a8/3/doc/17-898_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/594b7f87-3c10-48a4-8c8c-42b1d446d0a8/3/hilite/
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.