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U.S. v. GIOVANELLI

No. 88 Cr. 954 (CBM).

807 F.Supp. 351 (1992)

UNITED STATES of America, v. Federico GIOVANELLI, a/k/a "Fritzy," Steven Maltese, and Carmine Gualtiere, a/k/a "Buddy".

United States District Court, S.D. New York.

November 30, 1992.

Attorney(s) appearing for the Case

Tai Pak, New York City, for U.S.

Vivian Shevitz, New York City, for Giovanelli.

MEMORANDUM OPINION

MOTLEY, District Judge.

The Controversy

Federico Giovanelli seeks, under Fed. R.Crim.Pro. 41(e), the return of certain moneys, $471,600, that were seized from safe deposit boxes by the United States, contending that there was no proper forfeiture, and that the applicable statute of limitations (five years) bars their forfeiture at the present time. The initial question before us is whether the court that rendered a criminal judgment...

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