KALOTI WHOLESALE, INC. v. U.S.

Nos. 07-C-552, 07-C-565.

525 F.Supp.2d 1067 (2007)

KALOTI WHOLESALE, INC., d/b/a Kaloti Enterprises, Plaintiff, Wells Fargo Bank, NA, Proposed Intervenor-Plaintiff, v. UNITED STATES of America, Defendant. United States of America, Plaintiff, v. Approximately 81,454 Cans of Baby Formula, Defendant, Wells Fargo Bank, NA, Proposed Intervenor-Claimant.

United States District Court, E.D. Wisconsin.

December 6, 2007.


Attorney(s) appearing for the Case

D. Michael Guerin, Raymond M Dall'Osto, Gimbel Reilly Guerin & Brown, Milwaukee, WI, for Plaintiff Kaloti Wholesale, Inc., and Defendant Approximately 81,454 Cans Of Baby Formula.

Erica N. O'Neil, Richard G. Frohling, Scott J. Campbell, United States Department of Justice (Ed-Wi) Office of the U.S. Attorney, Milwaukee, WI, for Defendant and Plaintiff United States of America.

Albert Solochek, Howard Solochek & Weber, Milwaukee, WI, for Proposed Intervenor-Plaintiff and Claimant.


DECISION AND ORDER

LYNN ADELMAN, District Judge.

I. BACKGROUND

In February 2007, FBI agents seized over 87,000 cans of infant formula from the warehouse of Kaloti Enterprises, Inc. ("Kaloti"). The government believes that most of the formula was stolen and that Kaloti knowingly received it in violation of 18 U.S.C. §§ 2315, 1956(7)(A) and 1961(1). Kaloti disputes that the formula was stolen and, pursuant to 18 U.S.C. § 983...

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