IN RE SEIZURE OF ALL FUNDS

No. 474, Docket 95-6119.

68 F.3d 577 (1995)

In re the SEIZURE OF ALL FUNDS IN ACCOUNTS IN the NAMES REGISTRY PUBLISHING, INC., Sterling Who's Who, Inc., Who's Who of Retailers, Inc., William's Who's Who, Inc., Who's Who Executive Club, Bruce Gordon, Who's Who Worldwide Registry, Inc., Publishing Ventures, Inc., including but not limited to Marine Midland Bank Account Nos. 018-78090-3, 018-78047-4, 018-78044-0, 018-78055-5, 018-78153-5, 018-78173-0, Sterling National Bank & Trust Company of New York Account Nos. 035-79716-07, 031-43410-01, 031-43402-01, Republic National Bank for Savings Account No. 2601001775, and All Funds Traceable Thereto. Bruce GORDON, Who's Who Worldwide Registry, Inc., Sterling Who's Who, Inc., Registry Publishing, Inc., William's Who's Who, Inc., Who's Who Executive Club, Publishing Ventures, Inc., Who's Who of Retailers, Inc., Petitioners-Appellees, v. UNITED STATES of America, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 17, 1995.


Attorney(s) appearing for the Case

Barbara Underwood, Assistant United States Attorney, Brooklyn, NY (Zachary W. Carter, United States Attorney for the Eastern District of New York, Deborah B. Zwany, Arthur P. Hui, Sarah J. Lum, Gary R. Brown, Assistant United States Attorneys, Brooklyn, NY, of counsel) for Respondent-Appellant.

Vivian Shevitz, Mount Kisco, New York (Gerald L. Shargel, Jane Simkin Smith, Carol E. Gette, New York City, of counsel) for Petitioners-Appellees.

Before MINER and CALABRESI, Circuit Judges, and POLLACK, Senior District Judge.


MILTON POLLACK, Senior District Judge:

The government appeals from an order entered in the United States District Court for the Eastern District of New York (Spatt, J.) vacating an ex parte seizure warrant that authorized the seizure of funds belonging to petitioners-appellees Bruce Gordon and several companies under Gordon's control, and releasing funds seized pursuant to the warrant. The district court determined that the government failed to establish probable...

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