Case 1:21-cv-00398-LJV Document 1 Filed 03/17/21 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NEW YORK
______________
UNITED STATES OF AMERICA,

Plaintiff

-v-

PAOLO PROVENZI,
IKONICK COLLECTION LTD., and
MOHAMMED ALSALOUSSI,

Defendants.
_____________

COMPLAINT FOR INTERPLEADER AND INJUNCTIVE RELIEF

The United States of America, by its attorney, James P. Kennedy, Jr., United States

Attorney for the Western District of New York, Paul C. Parisi, Assistant United States

Attorney, of counsel, for its complaint for interpleader and injunctive relief herein alleges as

follows:

INTRODUCTION

1. This Court has original jurisdiction of this action pursuant to Rule 22 of the

Federal Rules of Civil Procedure and Title 28, United States Code Section 1332.

2. Venue is properly premised in the Western District of New York pursuant to

Title 28, United States Code, Section 1391(b)(2).

3. Plaintiff is the United States of America.

4. The Property in possession of the United States is One 1996 Ferrari F50,

Vehicle Identification Number (“VIN”) ZFFTA46B000105810 (hereinafter, the “Property”

or AVehicle@).
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5. This action arises from the Department of Homeland Security’s seizure of the

Vehicle on or about March 25, 2020, in Buffalo, New York, within this judicial district, upon

the basis that, in violation of the law, the Vehicle, a stolen self-propelled vehicle, was

knowingly imported into the United States contrary to Title 19, United States Code, Section

1627a(a)(1)(A). The Vehicle was placed in and remains in the custody of the Port Director,

Customs and Border Patrol (hereinafter “CBP”), Buffalo, New York.

6. On December 14, 2019, CBP officers encountered the Vehicle at the Peace

Bridge Port of Entry, Buffalo, New York as it was being transported on a commercial carrier,

Blue Line Trucking, to Mohammed Alsaloussi, 7333 Belle Mead Boulevard, Miami, Florida,

as an unaccompanied personal good. The shipper was Ferrari of Quebec, 3980 Jean Talon

Street, Montreal, Quebec, Canada. The Vehicle was presented with an Alberta, Canada

license plate that was registered to Ikonick Collection Ltd., 14619 Ravine Pt. NW, Edmonton,

Alberta, Canada.

7. During the inspection of the Vehicle, CBP officers discovered that some of the

rivets on the VIN plate located on the Vehicle’s dashboard were covered in a black tar type

substance. Queries of pictures of similar vehicles noted clearly positioned rivets with no glue

substance. Due to the inconsistencies, CBP placed a compound hold on the Vehicle to

conduct additional investigation of the Vehicle’s history and for a physical examination by

the National Insurance Crime Bureau (“NICB”).

8. On December 16, 2019, NICB conducted an onsite inspection of the Vehicle

and took multiple photographs of the Vehicle and component serial numbers for research with

Ferrari. NICB concurred that the VIN plate was highly suspect and did not appear to be

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affixed to the factory standard. The NICB sent photographs of the Vehicle and component

numbers to Ferrari Italy and requested information and assistance with identifying the

vehicle.

9. On December 19, 2019, CBP detained the Vehicle pending further

investigation.

10. On January 13, 2020, NICB received information from Ferrari that showed the

Vehicle was stolen in Italy in 2003 and had not been recovered.

PROPERTY AND CLAIMANT DETAILS

11. The Vehicle has been authenticated and appraised on March 4, 2020, as having

a fair market value of $1,949,669. See Attachment A, Certified Auto Appraisal Report of

Patrick J. Dittrich Jr., Licensed Property & Casualty Adjuster.

12. On or about March 25, 2020, DHS-CBP seized the Vehicle pursuant to Title

19, United States Code, Section 1627a(a)(1)(A), and began forfeiture proceedings by

providing all known interested parties a Notice of Seizure via United States mail.

13. On or about May 8, 2020, CBP received a petition requesting remission of

seizure of the Property from the law firm Cinotti LLP, Alessandra Piras, Esq., of counsel, on

behalf of Paolo Provenzi.

14. On or about May 11, 2020, CBP received a petition requesting remission of

seizure of the Property from the law firm Arent Fox LLP, Kay Georgi, Esq., of counsel, on

behalf of Ikonick Collections Ltd.

15. Mohammad Alsaloussi is the sole owner of Ikonick Collections Ltd. and

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created this holding company for his rare automobile collection, including the Property.

16. By a letter dated July 14, 2020, CBP notified Arent Fox LLP that the petition

submitted on behalf of Ikonick Collections Ltd. and Alsaloussi was denied. CBP further

informed the attorneys that a supplemental petition or a claim to the property may be filed

within sixty days from the date of the letter.

17. By a letter dated August 12, 2020, CBP notified Cinotti LLP that the petition

filed on behalf of Provenzi was granted. CBP further informed the attorneys that the Property

would be remitted upon the payment of storage/administrative costs of approximately

$8,476.42 (valid through September 15, 2020).

18. On September 15, 2020, CBP received a claim of ownership to the Property

and $5,000 cost bond from the law firm Neville Peterson LLP, John M. Peterson, Esq., of

counsel, on behalf of Ikonick Collection Ltd. and Mohammed Alsaloussi to halt the

administrative forfeiture proceedings and for institution of judicial forfeiture proceedings.

19. Currently known adverse Defendants are:

a) Paolo Provenzi, residing in Italy, who provided documentation showing that he,

along with his father Remigio Provenzi, and his brother, Roberto Provenzi,

purchased the Property on February 19, 2003, for 260,000 Euros. Provenzi

confirmed that he was the owner of the Property when it was stolen on March 30,

2003, in Imola, Italy from a parking garage at the Hotel Dontello, and provided

documentation from his insurance company that stated his loss was not covered;

b) Mohammed Alsaloussi, residing at 7333 Belle Mead Boulevard, Miami, Florida,

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who purchased the Property online through CAR Leasing in Montreal, Canada,

for $1.435 million U.S. currency in September 2019. The Property’s license plate

was registered to Ikonick Collection Ltd., with Asaloussi, as director. Asaloussi

denied knowledge the Vehicle was reported stolen; and

c) Ikonick Collection LTD., owned solely by Mohammed Alsaloussi.

CONCLUSION AND REQUEST FOR RELIEF

20. By reason of multiple Claimants with diverse citizenship and with claims that

are adverse to and independent of one another, the Plaintiff is in great doubt as to which

Claimant may be entitled to the Property; and

WHEREFORE, the Plaintiff requests the following relief:

(a) notice of this action be given to all persons known or thought to have an
interest in or right against the Vehicle;

(b) restrain each Defendant from instituting any action against Plaintiff for
recovery of interplead Vehicle;

(c) discharge Plaintiff from all liability in connection with the interplead
Vehicle, except for maintaining the Vehicle during the pendency of this
proceeding;

(d) dismiss Plaintiff from this adversary proceeding; and

(e) award Plaintiff its costs and disbursements in this action and for such other and
further relief as this court deems proper and just.

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DATED: Buffalo, New York, March 17, 2021.

JAMES P. KENNEDY, JR.

United States Attorney
Western District of New York

BY: s/PAUL C. PARISI

Assistant United States Attorney
138 Delaware Avenue
Buffalo, New York 14202
(716) 843-5863
paul.parisi@usdoj.gov