United States Third Circuit

Suppression of all evidence seized during the execution of certain search warrants, which effectively dismissed the government's case against defendants on charges including money laundering, currency structuring, tax violations, and mail fraud is reversed where: 1) the district court erred in determining that certain statements in an FBI affidavit were made with reckless disregard for the truth; 2) even if portions of the affidavit should be excised, the district court clearly erred in concluding that the reformulated affidavit lacked probable cause; and 3) the warrant did not fail as an unconstitutional general warrant.

Appellate Information

• Argued 05/11/2006
• Decided 08/24/2006
• Published 08/24/2006

Judges

• FISHER, Circuit Judge., Before FISHER, COWEN and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Alan Hechtkopf, S. Robert Lyons (Argued), United States Department of Justice, Tax Division, Washington, DC, for Appellants.


• For Appellees:
  
• Leon Friedman (Argued), New York, NY, for Appellees., Henry C. Smock, Smock Law Offices, Charlotte Amalie, St. Thomas, for Appellee, Fathi Yusuf Mohammed Yusuf., Gordon C. Rhea, Richardson, Patrick, Westbrook & Brickman, Mount Pleasant, SC, Randall P. Andreozzi, Marcus, Andreozzi & Fickess, Williamsville, NY, for Appellee, Waleed Mohammed Hamed., Pamela L. Colon, Christiansted, St. Croix, for Appellee, Waheed Mohammed Hamed., John K. Dema, Law Offices of John K. Dema, Christiansted, St. Croix, for Appellee, Maher Fathi Yusuf., Thomas Alkon, Alkon & Meaney, Christiansted, St. Croix, for Appellee, United Corporation., Derek M. Hodge, Mackay & Hodge, Charlotte Amalie, St. Thomas, for Appellee, Nejeh Fathi Yusuf.