U.S. v. Real Property Located 40 Clark Road, Mass.
| Decision Date | 22 June 1999 |
| Docket Number | No. CIV A 97-30157-MAP.,CIV A 97-30157-MAP. |
| Parties | UNITED STATES of America, Plaintiff, v. THE REAL PROPERTY WITH ANY IMPROVEMENTS THEREON LOCATED AT 40 CLARK ROAD, SANDISFIELD, MASSACHUSETTS, et al., Defendants. |
| Court | U.S. District Court — District of Massachusetts |
Robert A. Gordon, Springfield, MA, for Defendants.
For the reasons stated in the accompanying Memorandum, plaintiff's Motion for Summary Judgment is hereby ALLOWED as to the Sandisfield Property; one 1994 Pontiac Transport vehicle; one 1986 Chevrolet pick-up; one 1993 Chevrolet pick-up; one 1989 Cadillac Allante vehicle; one John Deere tractor; one lot of $614,900; one lot of $15,820; one lot of $191,700 and one lot of sixteen gold bars. The Government has, at this point, failed to show that probable cause exists for forfeiture of the following remaining defendant properties: one 1980 Harley Davidson motorcycle; one 1990 Hover Craft; one 1975 Lincoln Continental; one Red Mac Roll Away Tool System; one diamond ring; one set of emerald earrings; and 76 pieces of art work. Additional briefs and supporting documentation with respect to these items will be submitted by July 9, 1999.
It is So Ordered.
MEMORANDUM REGARDING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
The United States of America ("the Government") has brought this action pursuant to 21 U.S.C. § 881(a)(4), (6) and (7) seeking civil forfeiture of both real and personal property (collectively "defendant properties") believed to have been derived from or used to facilitate a large-scale marijuana cultivation, processing and distribution operation in Sandisfield, Massachusetts. The defendant properties were seized pursuant to a successful investigation involving the collaborative efforts of the Drug Enforcement Administration ("DEA"), the Massachusetts State Police ("State Police") and the Western Massachusetts Narcotics Task Force ("Task Force"). The investigation also led to the recovery of marijuana valued in excess of $8,000,000 and the prosecution of ten people on drug conspiracy and other charges.
The Government now seeks summary judgment with respect to the forfeiture of each of the defendant properties. This motion is opposed by Diana Ziegler, as Executrix of the Estate of Marcel Rosenzweig ("claimant"), who filed an Answer in this action as a party in interest.
For the reasons set forth in Sections IV, A through C, of this opinion the court will grant the Government's motion with respect to the following items: real property with improvements thereon at 40 Clark Road, Sandisfield, Massachusetts ("Sandisfield Property"); one 1994 Pontiac Transport vehicle; one 1986 Chevrolet pick-up truck; one 1993 Chevy pick-up truck;1 one 1989 Cadillac Allante vehicle; one John Deere back hoe; one lot of $614,900 cash; one lot of $15,820 cash; one lot of $191,700 cash and one lot of sixteen gold bars. For the reasons set forth in Section IV, E, the court will request additional briefs and documentation from both the Government and claimant as to the following remaining items: one 1980 Harley Davidson motorcycle; one 1990 Hover Craft; one 1975 Lincoln Continental vehicle; one Red Mac roll away tool system; one diamond ring; one set of emerald earrings; and seventy-six pieces of art work.
The Government, in Support of its Motion for Summary Judgment, relies upon the detailed affidavit of Special Agent Norman J. Houle ("Agent Houle") of the DEA.2 The affidavit is based on Agent Houle's own observations and reports, and those of other law enforcement personnel and investigators directly involved in investigating the illegal drug activity out of which this action arose.
In 1994, law enforcement agencies, including the DEA, State Police and Task Force began investigating the activities of Marcel Rosenzweig ("Rosenzweig") at the Sandisfield Property based on information obtained from various cooperating individuals and confirmed associates of Rosenzweig.3 One of the sources had previously lived with Rosenzweig at the Sandisfield Property, and another obtained information from an individual, later identified as Rachel Gregg, who assisted Rosenzweig in his marijuana operation at the Sandisfield Property.
Law enforcement officials learned through the sources that Rosenzweig had been cultivating substantial amounts of marijuana at the Sandisfield Property for a number of years. They also learned that Rosenzweig traveled to New York twice a month with approximately ten to fifteen pounds of marijuana, which he sold for $50,000 to $70,000. According to the sources, Rosenzweig employed five to six people in the illegal operation and maintained equipment at the Sandisfield Property which he used to cultivate and process marijuana, including wooden drying racks, sifters, hydroponic lights and power generators. The sources also revealed that Rosenzweig had large amounts of cash and gold hidden at the property.
In addition to information received from its sources, DEA agents subpoenaed telephone and electrical billing records relating to the Sandisfield Property from NYNEX and the Western Massachusetts Electric Company ("WMEC"). Accounts for these utilities were maintained under Rosenzweig's alias, Greenbaum. They learned that Rosenzweig maintained three numbers — one for an answering service, one for his private line and one for a credit card line. They also discovered, based on an interview with a WMEC representative, that the energy consumption at the Sandisfield Property from October of 1994 through April 25, 1995 was consistent with that of a commercial property and not that of a residence.
Based on the information obtained by the DEA from its sources and its preliminary investigation, DEA agents applied on August 16, 1995 for a warrant to search the Sandisfield Property. United States Magistrate Judge Kenneth Neiman issued a search warrant on that same day for the residence, garage/barn, out buildings and motor vehicles on site. The warrant was executed on August 17, 1995, at which time law enforcement officials uncovered a large-scale marijuana growing operation.
In the garage/barn, they discovered approximately five thousand marijuana plants growing, eighteen hundred plant cuttings and a hydroponic growing system equipped with grow lights, generators, reflectors, fans, timbers, pumps and tubing. The estimated value of the marijuana found in the garage/barn was in excess of $8,000,000. In the house, they found loose marijuana scattered about, a large trash can filled with marijuana, racks used for drying marijuana plants, a heat sealer, plastic bags, two scales and a roll of packaging material.
The officers and agents also discovered a pile of marijuana stalks and refuse in a cleared area of forest behind the garage/barn. They concluded that those materials were awaiting disposal by burial and that a John Deere tractor, which they located near the garage/barn, had been used to carry out this task in the past.
During August 17 search, law enforcement officials also discovered a suitcase containing $191,700 hidden behind a false removable wall in a bedroom closet and another suitcase containing $15,820. Both lots of cash, in addition to several of the other defendant properties, were seized during the August 17 search. Moreover, Rosenzweig and another individual, Edward Brennan, were arrested.
Thereafter, DEA agents interviewed Rachel Gregg, who indicated that Rosenzweig hid additional cash and gold bars behind a refrigerator in the basement of the Sandisfield residence. Based on this new information, law enforcement officials applied for a second search warrant, which was issued by Magistrate Judge Neiman on August 24, 1995 and executed on that same day. During this search, $614,900 in cash and sixteen gold bars were discovered hidden behind the basement freezer and were seized.
Over the subsequent several months, nine additional people were arrested and charged on drug conspiracy or related offenses and other properties named as defendants in this action were seized. All of the vehicles recovered, except the 1994 Pontiac and 1993 Chevrolet pick-up were registered to Rosenzweig.4 According to Rachel Gregg, Rosenzweig used both the 1989 Cadillac and the 1994 Pontiac in his bimonthly trips to New York to sell marijuana, and the 1993 pick-up to purchase fuel oil for the generator used to provide power to operate the growing equipment.
The continuing investigation by Government agents included interviews with several individuals who assisted Rosenzweig in the Sandisfield operation, which revealed information regarding Rosenzweig's long history of illegal drug dealing. Rachel Gregg reported that Rosenzweig and Richard Haber, who, according to documents recovered from the Sandisfield Property, was one of Rosenzweig's trusted associates, had been involved in drug smuggling from South America and distribution of marijuana as far back as the 1970's. Agents learned from Cheryl Catranbone that Rosenzweig and Richard Haber had smuggled marijuana into the United States from Columbia on at least two occasions prior to 1982, approximately two tons in total, and, in turn, netted about $2,000,000 in profit from selling it. Catranbone also explained that the drugs were smuggled to the west coast via tuna boat and were then transported to the east coast in two vans and a motor home equipped with hidden compartments and disguised as a film production company.
Additionally, according to statements provided by seven individuals, including Rachel Greg, Cheryl Catranbone (who lived with Rosenzweig at the Sandisfield Property between 1982 and 1990)...
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