United States v. UNITED STATES COIN & CUR. IN AMOUNT OF $8,674.00, No. 15502.

CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)
Writing for the CourtKILEY, FAIRCHILD and CUMMINGS, Circuit
Citation379 F.2d 946
PartiesUNITED STATES of America, Libelant-Appellee, v. UNITED STATES COIN AND CURRENCY IN the AMOUNT OF $8,674.00, Respondent, Donald Angelini, Claimant-Appellant.
Docket NumberNo. 15502.
Decision Date09 August 1967

379 F.2d 946 (1967)

UNITED STATES of America, Libelant-Appellee,
v.
UNITED STATES COIN AND CURRENCY IN the AMOUNT OF $8,674.00, Respondent,
Donald Angelini, Claimant-Appellant.

No. 15502.

United States Court of Appeals Seventh Circuit.

June 27, 1967.

Rehearing Denied August 9, 1967.


Anna R. Lavin, Richard E. Gorman, Chicago, Ill., for appellant.

Edward V. Hanrahan, U. S. Atty., Edward J. Murray, Asst. U. S. Atty., Chicago, Ill., John Peter Lulinski, Asst. U. S. Atty., of counsel, for appellee.

Before KILEY, FAIRCHILD and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

In this libel, the respondent money was seized under Section 7302 of the Internal Revenue Code (26 U.S.C. § 7302) on the ground that it was being used in violation of the internal revenue laws. The money was seized from the person of Donald Angelini on August 24, 1963. In August 1963, Angelini was engaged in the business of accepting wagers at

379 F.2d 947
Sportsman's Park racetrack in Cicero, Illinois. His 1964 conviction for failing to pay the special occupational tax on wagers and for failing to register with the District Director of Internal Revenue (26 U.S.C. §§ 4411 and 4412) was affirmed by this Court in United States v. Angelini, 346 F.2d 278 (7th Cir. 1965), certiorari denied, 382 U.S. 838, 86 S.Ct. 86, 15 L.Ed.2d 80. In that case, the evidence was summarized as follows (346 F.2d at p. 280)
"on a number of occasions during the month of August 1963 the defendant was observed at Sportsman\'s Park, a Cicero, Illinois, race track, receiving money from persons with whom the government agents had placed wagers on the horse races being run. On these occasions he was observed making notations. A search, subsequent to his arrest at the track, revealed he had $8,674.00 on his person and documents identified by an expert witness as `recap sheets\' showing net gain or loss for wagering operations at the end of any particular race. On one of these sheets a column of figures designated by the letter `R\' corresponded exactly with a record of wagers seized from Joe `Red\' Altiere at the time of the latter\'s arrest. Altiere was one of the individuals with whom the government agents had placed wagers and who had been observed handling money to the defendant."1

Here the District Court found that the $8,674 was being used in this bookmaking business in violation of the internal revenue laws and consequently ordered forfeiture. On appeal, it is contended that the evidence was insufficient to sustain the judgment of forfeiture and that the underlying statutory provisions violate the self-incrimination clause of the Fifth...

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13 practice notes
  • Bannister v. United States, No. 18073.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • July 7, 1971
    ...had been used in violation of the statutes referred to and ordered forfeiture pursuant to 26 U.S.C. § 7302. The Court of Appeals affirmed (379 F.2d 946 (7 Cir. 1967)) and the Supreme Court remanded the case for further consideration in the light of the Supreme Court's subsequent decisions i......
  • Silbert v. United States, Misc. No. 564
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • August 15, 1968
    ...were not unconstitutional. The Sixth Circuit (at 680), cited United States v. United States Coin & Currency in the Amount of $8,674.00, 379 F.2d 946 (7th Cir. 1967). In that case, involving property seized belonging to one Angelini, the Seventh Circuit had originally decided in favor of the......
  • Kauffman v. Moss, No. 17686.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 14, 1970
    ...civil action against the insurance company for the proceeds of the policy; United States v. United States Coin and Currency, etc., 379 F.2d 946, 947 (7th Cir. 1967), vacated and remanded, Stone v. United States, 390 U.S. 204, 88 S.Ct. 899, 19 L.Ed.2d 1035 13 See also Goslee v. Crawford, 411......
  • People v. Meyerowitz, Nos. 46588
    • United States
    • Supreme Court of Illinois
    • June 2, 1975
    ...by the Fifth Amendment, the court of appeals affirmed the judgment. (United States v. United States Coin and Currency (7th Cir. 1967), 379 F.2d 946.) Subsequently the Supreme Court, in Marchetti v. United States (1968), 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United States ......
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13 cases
  • Bannister v. United States, No. 18073.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • July 7, 1971
    ...had been used in violation of the statutes referred to and ordered forfeiture pursuant to 26 U.S.C. § 7302. The Court of Appeals affirmed (379 F.2d 946 (7 Cir. 1967)) and the Supreme Court remanded the case for further consideration in the light of the Supreme Court's subsequent decisions i......
  • Silbert v. United States, Misc. No. 564
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • August 15, 1968
    ...were not unconstitutional. The Sixth Circuit (at 680), cited United States v. United States Coin & Currency in the Amount of $8,674.00, 379 F.2d 946 (7th Cir. 1967). In that case, involving property seized belonging to one Angelini, the Seventh Circuit had originally decided in favor of the......
  • Kauffman v. Moss, No. 17686.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 14, 1970
    ...civil action against the insurance company for the proceeds of the policy; United States v. United States Coin and Currency, etc., 379 F.2d 946, 947 (7th Cir. 1967), vacated and remanded, Stone v. United States, 390 U.S. 204, 88 S.Ct. 899, 19 L.Ed.2d 1035 13 See also Goslee v. Crawford, 411......
  • People v. Meyerowitz, Nos. 46588
    • United States
    • Supreme Court of Illinois
    • June 2, 1975
    ...by the Fifth Amendment, the court of appeals affirmed the judgment. (United States v. United States Coin and Currency (7th Cir. 1967), 379 F.2d 946.) Subsequently the Supreme Court, in Marchetti v. United States (1968), 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United States ......
  • Request a trial to view additional results

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