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United States v. Knoll

United States Court of Appeals, Seventh Circuit

May 11, 2015

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
MICHAEL A. KNOLL and DAX G. SHEPHARD, Defendants. APPEAL OF: BOB HENSON, Intervenor-Appellant

Submitted February 24, 2015 [*].

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Nos. 1:12-cr-00102-TWP-DML-2 & 43 -- Tanya Walton Pratt, Judge.

For UNITED STATES OF AMERICA, Plaintiff - Appellee: Bradley A. Blackington, Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Indianapolis, IN.

For BOB HENSON, Appellant: Loren J. Comstock, Attorney, Indianapolis, IN.

For MICHAEL A. KNOLL, Defendant: Richard L. Ford, Attorney, Indianapolis, IN.

For DAX G. SHEPHARD, Defendant: Abigail Lynn Seif, Attorney, EPSTEIN COHEN SEIF & FLORA, Indianapolis, IN.

Before EASTERBROOK, ROVNER, and SYKES, Circuit Judges.

OPINION

Page 1152

ROVNER, Circuit Judge.

Michael Knoll and Dax Shephard were members of the Outlaws Motorcycle Club (" Outlaws" ). Both men pled guilty to racketeering and Knoll also pled guilty to running an illegal gambling business. Both men agreed in their plea deals to forfeit certain real and personal property that was used in the crimes. Bob Henson intervened to object to the forfeiture of property in which he claimed an interest. Henson now appeals the district court's grant of summary judgment in favor of the government, and we affirm.

I.

From approximately May 2009 through July 2012, the Outlaws, true to their name, were a very busy criminal organization. This case began with a forty-nine count indictment that charged fifty-one individuals (all members of the Outlaws) with racketeering, mail and wire fraud, money laundering,

Page 1153

drug trafficking, extortion, running an illegal gambling business, witness tampering and firearms offenses, among other things. The indictment sought the forfeiture of real and personal property from Knoll, Shephard and some of their fellow Outlaws on the basis of the racketeering count. See 18 U.S.C. § § 1962 and 1963. Specifically, the indictment sought the forfeiture of real property located at 305 North Jefferson Avenue and 2204 East New York Street, both in Indianapolis, Indiana (" Indianapolis Properties" ); as well as real property located at 1202 West Main Street, Fort Wayne, Indiana (" Fort Wayne Property" ).

In his plea agreement, Knoll agreed to forfeit any interest he had in the Indianapolis Properties, any firearms found at those properties and any items bearing the name or insignia of the Outlaws found at those properties. Shephard agreed to forfeit his interest in both the Indianapolis Properties and the Fort Wayne property, as well as any firearms, currency and items bearing the name or insignia of the Outlaws found at those properties. For both Knoll and Shephard, the district court granted the government's motions for forfeiture, in each case entering a " Preliminary Order of Forfeiture." Those Preliminary Orders directed the government to comply with the due process requirements of United States v. James Daniel Good Real Property, 510 U.S. 43, 114 S.Ct. 492, 126 L.Ed.2d 490 (1993), by affixing a copy of the court's order in a conspicuous place on the property, and by leaving a copy of the order with the person having possession or the person's agent. The court further ...


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