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UNITED STATES v. FILING

No. 18938.

410 F.2d 459 (1969)

UNITED STATES of America, Plaintiff-Appellant, v. Philip R. FILING, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

May 15, 1969.

Attorney(s) appearing for the Case

Jill Wine Volner, Dept. of Justice, Washington, D. C., for appellant, Fred M. Vinson, Jr., Asst. Atty. Gen., Philip R. Michael, Atty., Criminal Div., Dept. of Justice, Washington, D. C., George I. Cline, U. S. Atty., Lexington, Ky., on the brief, Charles Ruff, Robert J. Lodewick, Jr., Attys., Dept. of Justice, Washington, D. C., of counsel.

Donald L. Johnson, Newport, Ky., for appellee, Bassmann, Kaufmann, Jolly & Johnson, Newport, Ky., on the brief.

Before WEICK, Chief Judge, and O'SULLIVAN and McCREE, Circuit Judges.

WEICK, Chief Judge.

Acting under the authority of a valid search warrant, Internal Revenue Agents seized gambling paraphernalia and $831.00 in currency in the establishment of appellee, Filing. Shortly thereafter the Government commenced a criminal prosecution in the District Court by filing a complaint charging Filing with violation of 26 U.S.C. §§ 4411, 4412 and 7203. While the criminal prosecution was pending the Government instituted an administrative...

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