Justia Federal District Court Opinions

In a proceeding to forfeit an International Harvester Farmall-Tractor because of its use in violation of the alcoholic beverage tax laws, Graham Production Credit Association (Graham) claimed the vehicle, alleging that it was the holder of a chattel mortgage on the vehicle. It was stipulated that the mortgagor had a reputation of at least five years' duration for dealing in nontaxpaid liquor, that this reputation was known to the A.B.C. Law Enforcement Office for the county of mortgagor's residence, that the reputation was not known to Treasury agents having jurisdiction, and that the reputation was not known to the County Sheriff's office but an inquiry to it would have been referred to the A.B.C. Law Enforcement Office. It was further stipulated that Graham, before becoming mortgagee, made no inquiries of any law enforcement office with respect to the record or reputation of the mortgagor, in compliance with 18 U.S.C.A. Sec. 3617(b).**

For noncompliance with 18 U.S.C.A. Sec. 3617(b), the district court denied Graham's claim, and ordered forfeiture of the vehicle. We agree.

Affirmed.