FREDERICK M. REICH

Law Offices of James J. Warner

State Bar No. 157028

3233 Third Avenue

San Diego, CA 92103

(619)243-7333

Attorney for Claimant

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ) PETITION FOR RELEASE

) OF SEIZED PROPERTY

Plaintiff, )

)

v. )

)

) SEIZURE NO.

ITS TOOLS AND APPURTENANCES, )

)

______________, )

)

Claimant. )

______________________________)

PLEASE TAKE NOTICE that Claimant ___________________, by and through his attorney of record, Frederick M. Reich, hereby petitions this court for an order releasing the Defendant property to Claimant pursuant to 18 U.S.C. §983(f). Said Petition is based on the attached Memorandum of Points and Authorities, Declaration of Claimant and any other matter considered by this court.

DATED:___________________ __________________________

FREDERICK M. REICH

Attorney for Claimant

FREDERICK M. REICH

Law Offices of James J. Warner

State Bar No. 157028

3233 Third Avenue

San Diego, CA 92103

(619)243-7333

Attorney for Claimant

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ) MEMORANDUM OF POINTS AND

) AUTHORITIES IN SUPPORT OF

Plaintiff, ) PETITION FOR RELEASE OF

) SEIZED PROPERTY

v. )

)

) SEIZURE NO.

ITS TOOLS AND APPURTENANCES, )

)

______________, )

)

Claimant. )

______________________________)

I.

STATEMENT OF FACTS

II.

MEMORANDUM OF POINTS AND AUTHORITIES

18 U.S.C. §983(f) states:

‘(1) A claimant under subsection (a) is entitled to immediate release of seized property if–

‘(A) the claimant has a possessory interest in the property;

‘(B) the claimant has sufficient ties to the community to provide assurance that the property will be available at the time of the trial;

‘(C) the continued possession by the Government pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing the functions of a business, preventing an individual from working, or leaving an individual homeless;

‘(D) the claimant’s likely hardship from the continued possession by Government of the seized property outweighs the risk that the property will be destroyed, damaged, lost concealed, or transferred if it is returned to the claimant during the pendency of the proceeding; and

‘(E) none of the conditions set forth in paragraph (8) applies.

‘(2) A claimant seeking release of property under this

subsection must request possession of the property from the appropriate official, and the request must set forth the basis on which the requirements of paragraph (1) are met.

‘(3)(A) If not later than 15 days after the date of a request under paragraph (2) the property has not been released, the claimant may file a petition in the district court in which the complaint has been filed, or, if no complaint has been filed, in the district court in which the seizure warrant was issued or in the district court for the district in which the property was seized.

‘(B) The petition described in subparagraph (A) shall set forth–

‘(i) the basis on which the requirements of paragraph (1) are met; and

‘(ii) the steps the claimant has taken to secure release of the property from the appropriate official.

Furthermore,

‘(6) If–

‘(A) a petition is filed under paragraph (3); and

‘(B) the claimant demonstrates that the requirements of paragraph (1) have been met,

the district court shall order that the property be returned to the claimant, pending completion of proceedings by the Government to obtain forfeiture of the property.

In the present case, Claimant meets all the requirements for the release of his vehicle.

1. Possessing Interest

Claimant meets all the requirements for the release of his vehicle.

2. Ties To The Community

3.

4. Substantial Hardship

Claimant has now been without his vehicle for _______ months which has caused a great hardship on him.

5. Hardship Outweighs Risks

As previously explained, the hardship on Claimant caused by being without his vehicle has been substantial. In contrast, there is nothing to indicate that upon the release of the vehicle to Claimant it would be lost, destroyed, damaged, concealed or transferred.

6. The Conditions Of Section (8) Do Not Apply

The vehicle is not contraband or currency. It is not evidence. There is nothing unique about this vehicle that makes it particularly suited for use in illegal activities (ie a special compartment). Moreover, there is nothing to suggest that the vehicle would likely be used to commit criminal acts upon its release.

III.

CONCLUSION

Claimant has met all the requirements of 18 U.S.C. §983(f) for the release of the Defendant vehicle. He is the Registered Owner. He has substantial ties to the community. He has suffered a great hardship by being without the vehicle which outweighs any potential risk. The vehicle is the type of property that can be released.

Claimant respectfully requests that this court order the release of this Defendant vehicle to Claimant.

DATED:___________________ __________________________

FREDERICK M. REICH

Attorney for Claimant