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January 13, 2004.


The opinion of the court was delivered by: ARTHUR SPATT, District Judge


Manuel Concepcion ("Concepcion" or the "petitioner"), proceeding pro se, commenced these actions seeking the return of a 1988 Cadillac Seville ("Cadillac") that was seized and administratively forfeited by the Drug Enforcement Agency ("DEA"). The United Page 2 States of America ("Government" or the "respondent") moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure ("Fed.R. Civ. P.") to dismiss these actions. For the reasons set forth below, the Government's motion is granted.


  The facts set forth in respondent's Rule 56.1 statement are deemed admitted when no opposition has been filed. LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 211 (2d Cir. 2001). Given that Concepcion has failed to oppose the motion for summary judgment, the Government's Rule 56.1 statement is taken as true for the purposes of this motion and recites the following facts.

 A. The Petitioner's Purchase of the Cadillac

  Between September 1988 until his arrested in March 1989, the petitioner was a leader of a Brooklyn-based wholesale and retail narcotics trafficking organization known as the "Unknown Organization" (the "Organization"). At its peak, the Organization received gross income from heroin sales totaling more than $10 million a month.

  An investigation by the DEA revealed that Concepcion purchased a Cadillac with narcotics proceeds. In particular, law enforcement agents learned that, on or about October 10, 1988, Concepcion and three or four other men visited Dick Gidron Cadillac, Inc., a car dealership located in the Bronx. After being at the car dealership for approximately thirty Page 3 minutes, Concepcion purchased the Cadillac. He agreed to trade his Ford Mustang Convertible, which was valued at an amount of $15,000, and to pay the sum of $16,509. The petitioner informed the car dealer that he wanted the name "Ralph Carreras" on the purchase agreement for insurance purposes and to match the registered name of the license plates of his Ford Mustang Convertible. The petitioner further informed the car dealer that he went by the names Manny Soto and Ralph Carreras. Concepcion left a deposit of $1,159 in cash. On October 11, 1988, the petitioner returned to the car dealership to pick up the Cadillac and to pay the remaining balance of $15,000 in cash.

 B. The March 14, 1989 Drug Transaction

  In March 1989, Concepcion and other members of the Organization planned to purchase approximately 7 1/2 kilograms of pure heroin from a government informant who was posing as a supplier. On March 10, 1989, the informant negotiated the sale of heroin worth a sum of $1,350,000 with Marc Ramirez, a drug broker. The heroin was to be packaged in fifteen units of seven hundred grams a piece. After several telephone calls, Ramirez told the informant that his people could only pay for ten units worth the sum of $990,000.

  On March 14, 1989, Ramirez advised the informant that he was meeting with his money people at the Georgia Diner located in Queens. That day, law enforcement agents observed Concepcion, Ramirez, Robert Aponte, Juan Rivera, Adam Pomales, Ricardo Page 4 Castor, and Feliz Aponte meeting and talking near the George Diner. At this meeting, Ramirez spoke with the informant over the telephone and arranged to exchange heroin for cash later that day at another diner, the Buccaneer in Queens. Concepcion, his associates, and Ramirez drove to the Buccaneer in separate vehicles. The petitioner, Robert Aponte and Ramirez drove a Ford Van. Rivera and Pomales followed the Ford Van in the Cadillac. Castro and Feliz Aponte followed the Cadillac in a Honda which broke down and never reached the Buccaneer.

  At the Buccaneer, Ramirez spoke with the informant and then left to speak with the petitioner, Robert Aponte, Rivera, and Pomales, at which time the informant left the diner and crossed the street. The petitioner, Ramirez, and Robert Aponte took four boxes and one black bag, which contained a total of $990,000, from the Ford Van and placed them in the informant's vehicle. While the money was being transferred, Rivera and Pomales remained in the Cadillac which was parked near the Ford Van.

  Ramirez then followed the informant to a vehicle two blocks away, where the informant gave Ramirez ten units of purported heroin. Government agents interrupted the transaction, arrested Concepcion, Ramirez, Robert Aponte, Feliz Aponte, Pomales, and Rivera, and seized three weapons from the trunk of the Cadillac. Following the arrest, the government agents seized other items of property, including the Cadillac. Page 5

 C. The Petitioner's Indictment and Conviction

  In September 1989, approximately 39 individuals were indicted in the matter United States v. Melendez, 89 CR 229. On August 28, 1990, superseding indictments were filed charging various defendants with narcotics distribution and conspiracy, racketeering, murder, and kidnaping in furtherance of racketeering activity and money ...

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