UNITED STATES
DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MISC. NO. 03-60032-CR-MARRA
UNITED STATES OF AMERICA
vs.
ADVANCED
MOVING SYSTEMS,
a/k/a “Advanced Moving System,”
ZION ROKAH,
a/k/a “Jonathan Rokah,”
TAMIR COHEN,
a/k/a “Tony,”
and “Tommy Chance,”
ODELIA SHMUELOV,
a/k/a “Odelia Shmuilov,”
and “Odelia Vale,”
SUSANNE SCHWEDHELM,
a/k/a “Suzanne,”
DIANA BAR,
a/k/a “Diana Bel,”
CHONI ALOUL,
a/k/a “Sean,”
GUY ASHKENAZI,
RONEN BAR,
a/k/a “Ronnie,”
EDDEI BENITA,
a/k/a “Eddy,”
OSHRI COHEN,
a/k/a “Osheri Cohen,”
YEHIEL COHEN,
a/k/a “Jessie,”
MORDECHAY EVGI,
ITZHAK LUZON,
a/k/a “Isaac,”
SHLOMO MOLAIM,
a/k/a “Sam” and “Sammy,”
ELI PERETZ,
LIOR RAFAEL,
YOSEF SCHVARTZMAN,
a/k/a “Joseph,”
EYAL ZEIRA,
a/k/a “Adam,”
YARON ISRAEL,
a/k/a “Ron,” and
RAFI RAFAEL,
a/k/a “Joe,”
Defendants.
_____________________________/
motion for return
of property under
federal rule of criminal procedure 41(g)
Movant, [INSERT
YOUR NAME], appearing pro se, hereby files this Motion for Return
of Property Under Federal Rule of Criminal Procedure 41(g) (formerly
Fed. R. Crim. P. 41(e)), and in support thereof states:
1. On [INSERT DATE], the moving company, [INSERT NAME OF MOVING
COMPANY], (hereinafter “moving company”) picked up my
personal property as described in the attached affidavit in support
of this motion, in order to move my property to my new home.
2. In accordance with my agreement with the moving company, I paid
the moving company $[INSERT TOTAL AMOUNT OF MONEY PAID TO MOVING
COMPANY] for them to deliver my personal belongings from [INSERT
ADDRESS, CITY, AND STATE OF FORMER HOME] to my new home at [INSERT
ADDRESS, CITY, AND STATE OF NEW HOME].
3. The moving company failed to deliver my personal property in
the manner upon which we had agreed.
4. Subsequently, in relation to a criminal action, the United States
executed a search warrant at the location where the moving company
was keeping my personal property and seized that property. I believe
that the United States is in possession of my personal property.
5. In support of this motion, I have filed the attached affidavit
executed under penalty of perjury, asserting that:
a. The moving company took possession of my personal property in
order to move it to my new home, on or about [INSERT DATE MOVING
COMPANY TOOK POSSESSION OF YOUR BELONGINGS], but has not returned
the property to me.
b. Because the United States now has possession of my personal property
I am an aggrieved person under Fed. R. Crim. P. 41(g).
c. The property that the moving company took possession of and that
is now in the possession of the United States is my personal property
and is owned by me.
d. I agree to make any reasonable accommodations required by the
Court to protect both the law enforcement interests of the United
States and the rights of the moving company. These accommodations
may include, but are not limited to, testifying at any court proceeding,
providing items of property and/or photographs and other related
documentation.
6. The United States does not object to the filing of this motion.
MEMORANDUM OF LAW
7. Federal Rule of Criminal Procedure 41(g) (formerly 41(e)) states
as follows:
Motion to Return Property. A person aggrieved by an unlawful search
and seizure of property or by the deprivation of property may move
for the property's return. The motion must be filed in the district
where the property was seized. The court must receive evidence on
any factual issue necessary to decide the motion. If it grants the
motion, the court must return the property to the movant, but may
impose reasonable conditions to protect access to the property and
its use in later proceedings.
Fed. R. Crim.
P. 41(g). Under this section, I am entitled to the return of my
personal property.
8. Further, as evidence in support of this motion I have attached
an affidavit executed by me under penalty of perjury that sets forth
my assertions that the property formerly in possession of the moving
company, and now under the control of the United States and this
Court, is my personal property.
9. This affidavit is sufficient to meet the burden established by
Fed. R. Crim. P. 41(g). See United States v. Potes-Ramirez, 260
F.3d 1310, 1314 (11th Cir. 2001) (government failed to meet burden
in response to motion for return of property where no affidavit
filed).
Conclusion
WHEREFORE, for all of the reasons explained above, this motion should
be granted and my personal property returned to me.
By:
[SIGN ON ABOVE LINE & INSERT YOUR NAME HERE]
[INSERT YOUR ADDRESS]
[INSERT YOUR TELEPHONE NO.]
[INSERT FAX NO. IF YOU HAVE ONE]
[INSERT E-MAIL ADDRESS IF YOU HAVE ONE]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Motion
for Return of Property Under Federal Rule of Criminal Procedure
41(g) was delivered by United States mail this [INSERT DATE YOU
MAIL THIS MOTION] to: Assistant United States Attorney Christopher
Clark 99 N. E. 4th St, Miami, Florida 33132; and [INSERT NAME AND
ADDRESS OF MOVING COMPANY].
[SIGN ON ABOVE LINE & INSERT YOUR NAME HERE]
[YOU MUST MAIL
THE ORIGINAL MOTION, AFFIDAVIT AND ATTACHMENTS AS WELL AS ONE COPY
OF THOSE DOCUMENTS TO THE U.S. DISTRICT COURT, 299 East Broward
Blvd, Ft. Lauderdale, FLORIDA 33301 AND ALSO MAIL COPIES TO EACH
OF THE PARTIES LISTED ABOVE]
AFFIDAVIT
Before me,
the undersigned, personally appeared [INSERT YOUR NAME], being duly
sworn, deposes and states:
1. My name is [INSERT YOUR NAME], I am over the age of 21 and reside
at [INSERT YOUR ADDRESS].
2. Because I was moving, I entered into an agreement with [INSERT
NAME OF MOVING COMPANY] (hereinafter “moving company”).
[ATTACH COPY OF WRITTEN CONTRACT IF APPLICABLE]
3. I paid the moving company $[INSERT TOTAL AMOUNT OF MONEY PAID
TO MOVING COMPANY]. [ATTACH COPIES OF ANY RECEIPTS GIVEN TO YOU
BY MOVING COMPANY IF APPLICABLE].
4. On [INSERT DATE MOVING COMPANY PICKED UP YOUR PERSONAL BELONGINGS],
the moving company took possession of my personal property and has
not yet returned the property to me.
5. Subsequently, I became aware that the United States had executed
a search of the location where the moving company had stored my
personal property and had seized that property.
6. The personal property includes the following items: [INSERT A
DESCRIPTION OF THE PROPERTY].
7. The property which the moving company took possession of and
which is now in the possession of the United States is my personal
property and is owned by me.
8. I agree to make any reasonable accommodations required by the
Court to protect both the law enforcement interests of the United
States and the rights of the moving company. These accommodations
include, but are not limited to, testifying at any court
proceeding, providing items of property and/or photographs and other
related documentation.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
______________________________________
[INSERT YOUR NAME & SIGN IN PRESENCE OF NOTARY PUBLIC]
Sworn to and subscribed before me
this _____ day of _____________, 2003.
_________________________________
NOTARY PUBLIC
My commission
expires:
