United States v. Praetorius

MEMORANDUM AND ORDER

NICKERSON, District Judge.

On September 20, 1978, defendants Charles and Diann Praetorius moved pursuant to Rule 41(e) of the Rules of Criminal Procedure for return of property, among other items ninety-two thousand dollars in United States currency, seized by the government on March 16 and March 29, 1978. At the parties’ request the hearing on the motion was thereafter adjourned and is now pressed by defendants’ attorneys Diller, Schmukler & Asness (“Diller”), to whom defendants assigned their interest in the currency.

The background is as follows. In an indictment filed on…