Legal Opinion

In Re: Search of 2847 East Higgins Road, Elk Grove Village, Illinois. Appeal Of: Michael G. Wellek

Court of Appeals for the Seventh Circuit

Decided December 1, 2004No. 04-2874PublishedCited by 6 opinions

1Opinion of the Court

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 records, and he now appeals to us from the denial of the motion. We take up the currency first.

After counting the money and…

2Cases cited28 opinions

  1. Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
  2. Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
  3. Wisconsin Department of Corrections v. SchachtSupreme Court of the United States · 1998
  4. United States v. BoyleSupreme Court of the United States · 1985
  5. Cynthia A. Richardson v. New York State Department of Correctional Service, Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1999

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3Cited by6 opinions

  1. United States v. John A. CookCourt of Appeals for the Seventh Circuit · 2005
  2. In re: Documents & Other Possessions At the Metropolitan Correctional Center of Prisoner HaleDistrict Court, N.D. Illinois · 2005
  3. Thompson v. United StatesDistrict Court, N.D. Illinois · 2010
  4. Simmons v. Sabine River AuthorityDistrict Court, W.D. Louisiana · 2011
  5. United States v. Cook, John A.Court of Appeals for the Seventh Circuit · 2005

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