277 F.Supp.2d 1239 (N.D.Ala. 2003), CR-03-C-0056, United States v. Bowman

Docket Nº:CR-03-C-0056-E.
Citation:277 F.Supp.2d 1239
Party Name:UNITED STATES of America, Plaintiff, v. Harvey Joe BOWMAN, Bobbie Jean Bowman, John Malcolm Hartley, Roger Williams, Darlene Sadi, and Wilfred Jay Cunningham, Defendants.
Case Date:August 09, 2003
Court:United States District Courts, 11th Circuit, Northern District of Alabama

Page 1239

277 F.Supp.2d 1239 (N.D.Ala. 2003)

UNITED STATES of America, Plaintiff,

v.

Harvey Joe BOWMAN, Bobbie Jean Bowman, John Malcolm Hartley, Roger Williams, Darlene Sadi, and Wilfred Jay Cunningham, Defendants.

No. CR-03-C-0056-E.

United States District Court, N.D. Alabama, Eastern Division.

Aug. 9, 2003

Page 1240

Randy B Brooks, Brooks Harmon & Monk, Anniston, AL, Steven H Sadow, Atlanta, GA, for Defendant.

Alice H Martin, US Attorney, Bill L Barnett, US attorney's office, Birmingham, AL, United States Marshal's Office, Birmingham, AL, United States Probation Office, Birmingham, AL, for U.S.

MEMORANDUM OPINION GRANTING BOWMAN DEFENDANTS' MOTION TO SUPPRESS STATEMENTS

CLEMON, Chief Judge.

I. The Facts.

The operative facts underlying Defendants Harvey Joe and Bobbie Jean Bowman's Motion to Suppress are undisputed.

It is the policy of the Department of Justice ("DOJ") that

... every United States Attorney's office ... should have a system for coordinating the criminal, civil, and administrative aspects of all white collar crime matters within the office. The system should contain management procedures to address issues of parallel proceedings including:

· timely assessment of the civil and administrative potential in all criminal case referrals, indictments, and declinations;

· timely assessment of the criminal potential in all civil case referrals and complaints;

· early and regular communication between civil and criminal attorneys regarding qui tem and other civil referrals, especially when the civil case is developing ahead of the criminal prosecution; and coordination, when appropriate, with state and local authorities.

Consistent with our responsibility to make law enforcement efforts more efficient and effective, prosecutors should consult with the government attorneys on the civil side and appropriate agency officials regarding the investigative strategies to be used in their cases. With proper safeguards, evidence can be

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obtained without the grand jury by administrative subpoenas, search warrants, and other means.

DOJ Criminal Resource Manual No. 2464, dated July 28, 1997.

On May 17, 2001, Plaintiff United States of America ("the Government") filed in this Court a forfeiture action styled, United States v. Land, Calhoun County, etc., et al., (CV-01-1346). This in rem action named as defendants: (a) eight separate parcels of real estate in Calhoun, Etowah, St. Clair, and Jefferson County, Alabama; (b) eleven automobiles; (c) two motorcycles; and (d) $ 216,146.16 in currency. In the complaint, Assistant United States Attorney ("AUSA") James D. Ingram alleged, inter alia:

3. (a) That the Platinum Club ("the club"), located at 263 Weatherbrook Lane, Anniston, Alabama, is an adult nightclub which advertises nude dancing as a form of entertainment. The club consists of a main building and two smaller adjacent structures. The owners and operators of the Platinum Club are Harvey J. Bowman and his wife, Bobbie J. Bowman; who have owned and operated the club since approximately 1993.

(b) That for several years, the IRS, the FBI, and the Calhoun County, Alabama Sheriff's Office ("CCSO") have received reports from private citizens and other law enforcement agencies that the Bowmans employ "exotic dancers" at the Platinum Club who also engage in various sexual activities with patrons of the club for money; these activities occur both on and off the club's premises.

(c) That Harvey Bowman and...

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