Legal Opinion

United States v. $3,976.62 in Currency

District Court, S.D. New York

Decided March 22, 1965PublishedCited by 4 opinions

1Opinion of the Court

WYATT, District Judge.

This is a motion by William J. Fennell for an order vacating and setting aside the decree of forfeiture filed herein on December 29, 1964 and permitting movant Fennell as claimant to file an answer to the libel and thus to place in issue the question of forfeiture so that a trial may be had on that issue.

The underlying facts do not appear to be in dispute.

On June 5, 1964, Fennell was arrested at his home in Yonkers, New York, pursuant to a warrant issued by the Commissioner on a complaint charging violations of 26 U.S.C. § 4401 et seq. (failing to pay the tax imposed on…

2Cases cited3 opinions

  1. The Rio GrandeSupreme Court of the United States · 1875
  2. Reynal v. United StatesCourt of Appeals for the Fifth Circuit · 1945
  3. United States v. the San LeonardoDistrict Court, E.D. New York · 1942

3Cited by4 opinions

  1. Chaudhry v. Ksenzowski (In Re Ksenzowski)United States Bankruptcy Court, E.D. New York · 1985
  2. United States v. One 1966 Chevrolet Pickup TruckDistrict Court, E.D. Texas · 1972
  3. Matthew Bender & Co. v. Comptroller of TreasuryCourt of Special Appeals of Maryland · 1986
  4. United States v. $5,372.85 United States Coin and CurrencyDistrict Court, S.D. New York · 1968

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