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U.S. v. VICTORIA-21

No. 1787, Docket 93-6083.

3 F.3d 571 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. VICTORIA-21, Mystic Transportation, Rhue Leasing, Morning Star Trans., Island Transportation Corp., All American Petroleum, Village Trucking, Salem Industries, Inc., V & A Transportation, Li Trucking, Ampetrol, Inc., Keystone Terminal, N.Y.G.D., Rossi Associates, Keystone Operating, Bank Leumi, Oilco, Inc., doing business as Eagle Oil, D.I.P., Esther Reisch, Abraham Reisch, Philadelphia Nat'l Bank, Yehuda Shaked, Martin Rosenman, Twenty Trucks Owned and/or Operated by Mystic Transportation, Defendants, Leonard R. Rosenblatt, Ted Cohen, Phyllis Cohen, Tiger Energy Corp., Claimants, Vantrel Enterprises, Long Island Trucking Corp., Victoria Transportation Corp., Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 23, 1993.

Attorney(s) appearing for the Case

Leonard R. Rosenblatt, New York City, for claimants-appellants Vantrel Enterprises, Inc., and Long Island Trucking Corp.

Vivian Shevitz, New York City, for claimant-appellant Victoria Transp. Corp.

Stacy Caplow, Sp. Asst. U.S. Atty. (Mary Jo White, U.S. Atty. E.D. New York, Robert L. Begleiter, Deborah B. Zwany, Shari Leventhal, Asst. U.S. Attys. E.D. New York, Brooklyn, NY, of counsel), for plaintiff-appellee U.S.

Before: CARDAMONE and MAHONEY, Circuit Judges, and PARKER, Chief District Judge.

PARKER, Chief District Judge:

This appeal is brought by two claimants to several properties which have been seized and arrested pursuant to a warrant, and against which a complaint seeking civil forfeiture has been filed.1 The properties are alleged to be subject to forfeiture under federal excise tax laws, and pursuant to mail and wire fraud laws. In the case below, both claimants, Long Island Trucking Corporation ("LITC") and Vantrel...

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