large sums of money. Simultaneously with the criminal investigation, the Government commenced a civil forfeiture proceeding and obtained an order of seizure of the Bohemia facility. Confronted with the state of disarray of the Bohemia facility and the huge amounts of currency and coin scattered throughout the building and in vehicles; and realizing that hordes of representatives from the banks, customers and insurance companies surrounded the facility clamoring for their money, property and information, the Government, logically turned to the Federal Court for assistance and guidance. The immediate object of the FBI was to secure and count the money in the Bohemia facility. Apparently neither the FBI nor the Suffolk County Police Department could provide sufficient and continued surveillance in order to safeguard this fungible asset.
The Court stepped in and appointed as Special Master and Temporary Receiver Jeffrey Stark, a former State Supreme Court Justice, to do the following: 1) safeguard the moneys, 2) count and store the moneys, 3) determine the identifiable cash and property and return it to the proper owners, and 4) determine ownership of the unidentifiable funds and set up a procedure to attempt to reimburse the proper owners.
To facilitate these objects, the Court authorized the Special Master to retain the firm of Brinks, Inc., an acknowledged leader in the armored car field. Brinks was assigned the task of entering the Bohemia facility in the presence of other designated persons, counting the moneys, transporting the moneys to the Brinks Kent Avenue facility, securing the funds pending the determinations of Special Master Stark and the Court, and depositing the moneys in the Federal Reserve account of the U.S. Marshal's Service.
The Court finds that the FBI was not directly involved in the counting, transportation and storing of the funds. The FBI supervised the area, and took possession of certain records. All of the money at the Bohemia facility was removed by Brinks under the supervision of the Special Master and the Revere insurance company agents, under the overall direction of the Court.
Special Master Stark arrived at the Revere Bohemia facility on February 12, 1993 with the immediate purpose to secure the Revere assets, count the moneys, and move them to a safe storage place as soon as possible. He successfully accomplished all of these missions in a timely manner. Under the continuing scrutiny of the FBI, and the Revere insurance company representatives, the money was counted in the Revere facility. The proceedings at Revere were photographed and videotaped by Court direction and all the currency and coin were moved out to the secure Brink facility within three days. It was a massive undertaking requiring a number of trips by many vehicles, moving approximately 25,000 packages, and 235 skids of coin. It took 35 to 45 men to load one trailer. The moneys at Revere were later determined to amount to 65 million dollars in currency and coin.
The Court finds there was no evidence of negligence, incompetence or wrongdoing on the part of the Brinks employees. The evidence indicates that the counting, transportation and storing of the funds by Brinks was done in a proper manner.
The Court further finds that Louis D. Magnan, a C.P.A. and a partner in the accounting firm of Campos & Stratis ("Campos"), was the representative of the Revere insurance companies, William H. McGee and Lloyds of London. The Campos agents led by Magnan were the watchdogs of the operation. It is clear that the Revere insurance carriers, who may have to ultimately pay for the missing funds, were anxious to see that all the moneys at Bohemia were accounted for. It was in the insurance companies' interest to account for all of the moneys on hand at the Bohemia facility. The smaller the loss, the less exposure by the Campos insurance company clients. It is clear and obvious that the Campos agents were present to make sure that all moneys were counted and secured.
On February 13, 1993, and over a weekend, four or five teams counted the money. Each team consisted of a Brinks representative and a Campos representative. All of this counting and transportation was photographed and filmed. The money was then transported to Brinks in numerous armored trucks and trailers.
Calculation of the Loss
After the money arrived at Brinks, an immediate fine count was made by teams consisting of Brinks and Campos representatives. The bulk and packaged money was sent to the Federal Reserve Bank where it was fine counted. The loose currency and coin was counted by Brinks. On April 30, 1993, the final count was determined, as follows:
Currency and Packages
(Consisting of 1,934 items, including
1300 sealed packages), rounded $ 57,375,000.00
TOTAL: $ 65,112,288.00
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