United States v. Henson, No. 14-3027 (7th Cir. 2015)
Annotate this CaseIn 2009-2012, the Outlaws Motorcycle Club committed racketeering, mail and wire fraud, money laundering, drug trafficking, extortion, illegal gambling, witness tampering and firearms offenses. A 49-count indictment against 51 members sought forfeiture of Indiana real and personal property, based on racketeering, 18 U.S.C. 1962 and 1963. In plea agreements, two defendants agreed to forfeit their interests in real properties, firearms found at those properties and any items bearing the name or insignia of the Outlaws found at those properties. The district court entered a “Preliminary Order of Forfeiture” against each, ordering the government to comply with due process requirements, alerting anyone other than the defendants claiming a legal interest in the property to file a petition within 30 days. Henson filed intervenor petitions, claiming that he was a resident of the properties and a member and officer of the Outlaws, who held a superior interest in the properties. The district court noted that the RICO statute allows challenges to forfeitures only by persons having an interest in the property at the time of the crime; the statement asserted an interest that arose after the crimes and asserted an equitable, rather than a legal, interest. The Seventh Circuit affirmed judgment in favor of the government.
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