Legal Opinion

United States v. Giovanelli

District Court, S.D. New York

Decided January 28, 1994No. S 88 Cr. 954 (CBM)Published

1Opinion of the Court

*89 OPINION

MOTLEY, District Judge.

Petitioner, having made a successful appeal from an adverse decision of this court regarding his motion for return of his seized currency under Fed.R.Crim.P. 41(e), now applies for attorneys fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 and prejudgment interest. For the reasons stated below, petitioner’s motion for attorneys fees and prejudgment interest is granted.

BACKGROUND

On December 9, 1986, FBI Special Agents seized $471,600 in United States currency from safe deposit boxes belonging to Petitioner Federico Giovanelli. The United States…

2Cases cited14 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
  3. West Virginia v. United StatesSupreme Court of the United States · 1987
  4. United States v. One 1936 Model Ford V-8 De Luxe Coach, Commercial Credit Co.Supreme Court of the United States · 1939
  5. Wickham Contracting Co., Inc., Ralph Perone v. Local Union No. 3, International Brotherhood of Electrical Workers, Afl-CioCourt of Appeals for the Second Circuit · 1992

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