Asset Forfeiture

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7^th Circuit Court of Appeals

Case Name: Gheorgui Martov v. United States of America

Case No.: 18-3424

Officials: FLAUM, HAMILTON, and SCUDDER, Circuit Judges.

Focus: Asset Forfeiture

The government arrested Gheorgui Martov for wire fraud and seized several items of his personal property including a watch, $4,035 in cash, a car, and nine firearms.

In exchange for Martov’s guilty plea, the government agreed not to pursue criminal forfeiture. But the government never agreed to forgo administrative forfeiture proceedings, which it had already initiated by sending notice to Martov and his attorney. Martov responded to the government’s notice of administrative forfeiture by filing claims for the car and guns. The government denied both claims and declared the property forfeited.

Martov then brought this action in the district court, seeking the return of the property. The district court denied relief, and we now affirm, as Martov has failed to advance any meritorious arguments. In doing so, however, we note our reservations with the procedural path that the government took in executing the forfeiture.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.