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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA : 4:CR-04-271

:

v. : (Judge McClure)

:

WILLIAM J. NEIDIG, :

:

Defendant :

O R D E R

February 7, 2006

BACKGROUND:

The government in conjunction with its prosecution of Neidig for narcotics

trafficking commenced forfeiture proceedings regarding certain property including

the property located at 1347 West Mulberry Street, Coal Township, Pennsylvania. 

On December 19, 2005, we entered a Final Order of Forfeiture in favor of the

government which included the above-mentioned real property. The December 19,

2005 order included the following language:

Notice of the Preliminary Order of Forfeiture was

published in a newspaper of general circulation in the

Middle District of Pennsylvania on March 30, April 6 and

April 15, 2005. All persons claiming an interest in the

above-described property were required to file their

claims with the Clerk of Court not later than 30 days after

the date of final publication of notice.

No petitions were filed within the thirty-day period

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required by 21 U.S.C. 853(n)(2). Therefore, any thirdparty interests are barred by failure of those parties to file

a timely petition.

(Order, Rec. Doc. No. 421, at 4.)

Now before the court is a motion for the return of seized real property

located at 1347 West Mulberry Street, Coal Township, Pennsylvania by third-party

Charles Neidig, Jr., the father of defendant William J. Neidig. (Defendant William J.

Neidig’s similar motion requesting that we return the seized real property to his

father was orally withdrawn today at his sentencing.) At the request of the court,

the government has briefed the matter. For the following reasons we will deny

Charles Neidig, Jr’s. motion requesting the return of the forfeited property.

DISCUSSION:

First, we agree with the government that Charles Neidig, Jr.’s motion

amounts to an untimely claim of interest in the forfeited property. As our

December 19, 2005 order noted, parties with claims to the forfeited property were

required to have filed their claims within the thirty days of the final publication of

notice, i.e., in the middle of May 2005. Although we have discretion to consider a

late claim, 18 U.S.C. § 983(a)(4)(A), Neidig has not demonstrated excusable

neglect, nor does the nature of Charles Neidig’s claim suggest that we entertain a

late claim.

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Second, the government has demonstrated that Neidig transferred his interest

to his son. (Rec. Doc. No. 487, Ex. A.) Charles Neidig, Jr.’s, former ownership

of the real property is irrelevant to the court at this point. See, e.g., United States v.

BCCI Holdings, Luxembourg, S.A., 69 F. Supp. 2d 36, 61 (D.D.C. 1999) (“[A]

person who voluntarily transfers his interest to a defendant becomes an unsecured

creditor who lacks standing to contest a forfeiture in the ancillary proceeding.”) 

We agree with the government that, on the basis of the evidence before the court,

Charles Neidig, Jr., has no ownership interest in the property and therefore lacks

standing to assert the innocent owner defense. See United States v. Premises

Known As 717 South Woodward Street, Allentown, Pennsylvania, 2 F.3d 529, 535

(3d Cir. 1993).

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

1. Third party movant Charles Neidig, Jr.’s motion for the return of

forfeited property construed as a petition for a claim of ownership to the forfeited

real property at 1347 West Mulberry Street, Coal Township, Pennsylvania is denied

(Rec. Doc. No. 472).

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2. Defendant William J. Neidig’s motion for the return of seized property

(Rec. Doc. No. 489) is withdrawn.

 s/ James F. McClure, Jr. 

James F. McClure, Jr.

United States District Judge

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