U.S. v. ALL ASSETS OF STATEWIDE AUTO PARTS, INC.

No. 1383, Docket 92-6015.

971 F.2d 896 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. ALL ASSETS OF STATEWIDE AUTO PARTS, INC. and Proceeds Traceable Thereto; Real Property and Premises Known as 1256 Grand Street, Brooklyn, New York; All Assets of Citywide Auto Parts, Inc. and Proceeds Traceable Thereto; Real Property and Premises Known as 651 Fountain Avenue, Brooklyn, New York; All Assets of Empire State Auto Wreckers, Inc. and Proceeds Traceable Thereto; Real Property and Premises Known as 1489 Montauk Highway, Bellport, New York; All Assets of Best Auto School, Inc. and Proceeds Traceable Thereto; Real Property and Premises Known as 492 East 98th Street, Brooklyn, New York; Real Property and Premises Known as 29 Puritan Lane, Farmingdale, New York; Real Property and Premises Known as 8 Townsend Lane, Hicksville, New York; and Real Property and Premises Known as 19 Annandale Drive, Commack, New York, Defendants, James D. Muro; Richard Lieberman, President of Best Auto School, Inc.; Salvatore Cioffi, President of Empire State Auto Wreckers, Inc.; Anthony Francaviglia; Josephine Francaviglia; Frank Frigenti, Jr.; Ronald A. Caputo; Mary Ann Caputo; Frank Morsello; Margaret Morsello; John Carneglia; Jenny Carneglia; Charles Carneglia; Harvey Melvin Crosby and Anthony Grau, Claimants, James D. Muro, Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 3, 1992.


Attorney(s) appearing for the Case

Perry S. Reich, Lindenhurst, N.Y. (Schapiro & Reich, Mahler & Harris, P.C., Kew Gardens, N.Y., of counsel), for claimant-appellant.

Richard K. Hayes, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Deborah B. Zwany, James M. Catterson, Paul Weinstein, Asst. U.S. Attys., of counsel), for plaintiff-appellee.

Before: TIMBERS, VAN GRAAFEILAND and PRATT, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

James D. Muro (Muro), the president of Statewide Auto Parts, Inc. (Statewide), appeals from a December 16, 1991, order of the United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, which denied his motions (1) to dismiss the government's verified forfeiture complaint in rem, and (2) to vacate the government's seizure of his company's assets. For the following reasons, we affirm the...

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