IN RE SEARCH OF 2847 EAST HIGGINS ROAD, IL

No. 04-2874.

390 F.3d 964 (2004)

In re: SEARCH OF 2847 EAST HIGGINS ROAD, ELK GROVE VILLAGE, ILLINOIS. Appeal of: Michael G. Wellek.

United States Court of Appeals, Seventh Circuit.

Decided December 1, 2004.


Attorney(s) appearing for the Case

Marsha A. McClellan (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Harvey M. Silets (argued), Katten Muchin Zavis Rosenman, Chicago, IL, for Defendant-Appellant.

Before POSNER, KANNE, and ROVNER, Circuit Judges.


POSNER, Circuit Judge.

In May of 2003, IRS agents executed a warrant to search a warehouse for evidence and fruits of suspected violations of federal tax laws by Michael Wellek, the owner of a string of strip joints. In the warehouse the agents found and seized more than $12 million in cash, together with business records. Two months later Wellek moved unsuccessfully in the district court under Fed.R.Crim.P. 41(g) (formerly 41(e)) for the return of the currency and...

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