US v. Certain Real Property, 92-CV-0961 (TCP).
| Decision Date | 16 December 1993 |
| Docket Number | No. 92-CV-0961 (TCP).,92-CV-0961 (TCP). |
| Citation | 840 F. Supp. 6 |
| Parties | UNITED STATES of America, Plaintiff, v. CERTAIN REAL PROPERTY AND PREMISES KNOWN AS 4003-4005 FIFTH AVENUE, BROOKLYN, NEW YORK, Defendant. |
| Court | U.S. District Court — Eastern District of New York |
Shulman & Laifer, Brooklyn, NY (Hal Meyerson, Meyerson & Ramos, New York City, of counsel), for claimants Juan Antonio Tapia-Ortiz and Maria Mendez.
Christopher K. Sowers, Brooklyn, NY, for claimant James Poirier.
Zachery W. Carter, U.S. Atty., E.D.N.Y. (Warren Ausubel, Asst. U.S. Atty., of counsel), for plaintiff.
The claimant in this civil forfeiture action, Juan Antonio Tapia-Ortiz, seeks leave of this Court to withdraw his assertion of the Fifth Amendment privilege and amend his response to plaintiff's interrogatories. Tapia-Ortiz was found guilty in this Court in February 1992 of conspiring to possess and possession with intent to distribute cocaine and heroin. United States v. Tapia-Ortiz, 91-CR-1014. In March 1992, the government instituted the present civil forfeiture action alleging that the subject premises was used in furtherance of Tapia-Ortiz's narcotics conspiracy. On June 3, 1992, Tapia-Ortiz filed a notice of claim to the property in this action. In response to several interrogatories requesting information concerning claimant's narcotics related activities, claimant filed papers on or about February 16 and March 26, 1993 asserting his Fifth Amendment privilege. Tapia-Ortiz now seeks to withdraw his assertion of the privilege and interpose answers to the government's interrogatories in order to oppose a proposed motion for summary judgement by the government. For the reasons stated herein, defendant's motion for leave to amend is denied.
Tapia-Ortiz may not invoke his privilege against self-incrimination to hinder the government's discovery efforts and then seek to waive or deny the existence of the privilege on the eve of trial or the equivalent thereof as in the present case. United States v. Parcels of Land, 903 F.2d 36, 45 (1st Cir.1990); United States v. Sixty Thousand Dollars ($60,000.00) In United States Currency, 763 F.Supp. 909 (E.D.Mich.1991). A claimant's decision to invoke or waive the privilege against self-incrimination must be made when the claimant is first presented with a request to divulge the privileged information. United States v. St. Pierre, 132 F.2d 837, 840 (2d Cir.1942). Although this Court should strive to accommodate the Fifth Amendment...
To continue reading
Request your trial
-
US v. Incorporated Village of Island Park
...587, 606 n. 6 (S.D.N.Y.1993), aff'd on other grounds, 16 F.3d 520 (2d Cir.1994); United States v. Certain Real Property and Premises Known as 4003-4005 Fifth Avenue, 840 F.Supp. 6 (E.D.N.Y.1993); United States v. Talco Contractors, Inc., 153 F.R.D. 501, 506 (W.D.N.Y.1994); SEC v. Cymaticolo......
-
Bourgal v. Robco Contracting Enterprises, Ltd.
...Fifth Amendment privilege against self incrimination.'" Id. at 86, quoting, United States v. Certain Real Property and Premises known as 4003-4005 Fifth Ave., Brooklyn, N.Y., 840 F.Supp. 6, 7-8 (E.D.N.Y.1993). Similarly, in United States v. Incorporated Village of Island Park, 888 F.Supp. 4......
-
U.S. v. Certain Real Property and Premises Known as: 4003-4005 5th Ave., Brooklyn, N.Y.
...any material previously claimed to be within [his] Fifth Amendment privilege against self-incrimination." United States v. 4003-4005 Fifth Avenue, 840 F.Supp. 6, 7-8 (E.D.N.Y.1993). Because Tapia-Ortiz thereafter "failed to produce any evidence by way of documents, testimony or affidavits t......
-
US v. Certain Real Property, 92-CV-0961 (TCP).
...of the Fifth Amendment privilege by interposing material previously claimed to be within the privilege. United States v. 4003-4005 Fifth Avenue, 840 F.Supp. 6 (E.D.N.Y.1993). Notwithstanding the fact that Tapia-Ortiz has not submitted any affidavits or pointed to any evidence in support of ......