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Article • October 1, 2023 • from CLN October, 2023
Third Circuit Vacates Possession of Cocaine Conviction Due to Insufficient Evidence to Support Weight Element by David Reutter by David M. Reutter On July 7, 2023, the U.S. Court of Appeals for the Third Circuit, in a precedential ruling, ordered a defendant to be resentenced after it found there was …
Article • December 15, 2022 • from CLN January, 2023
Due Processless Civil Asset Forfeitures in Houston, Texas by Edward Lyon by Ed Lyon Houston, Harris County, Texas, is the fourth largest city in the nation, as well as the largest city in Texas. Preceding the Blue Wave of female reformist judges elected in 2018 [See: CLN, April 2019, p.38], …
Article • November 15, 2022 • from CLN December, 2022
New FBI Tip Line: Further Incentive to Abuse Civil Asset Forfeiture by Casey Bastian by Casey J. Bastian A recent ad campaign in Charlotte, North Carolina, asks viewers to “Shine a light on drug trafficking.” A new tip line was introduced, purportedly intended to help agents intercept massive drug shipments …
Article • November 15, 2022 • from CLN December, 2022
Michigan Makes Civil Forfeiture Easier at Airports by Jayson Hawkins by Jayson Hawkins Civil forfeiture, the government confiscation of cash or assets believed to be related to criminal activity, has been a favorite tool of police since the early days of the war on drugs. The process requires a low …
Article • August 10, 2022 • from CLN August, 2022
Prosecutorial Extortion: Alleged Drug Dealer Agrees to $300,000 Seizure in Face of Charges Threatened Against Entire Family by David Reutter by David M. Reutter When civil asset forfeiture laws were made applicable to criminal defendants, the purpose was to ensure criminals lost the illicit gains from their criminal activities after …
Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement by Harold Hempstead by Harold Hempstead In August 2021, the U.S. Government agreed to pay Keddins Etiennes, an independent filmmaker, a $15,000 settlement, in addition to the approximately $69,000 they previously returned to Etiennes, that DEA Agent …
Article • May 1, 2022 • from CLN May, 2022
Fifth Circuit Affirms Habeas Relief and New Trial Based on Counsel’s Failure to Interview State’s Key Eyewitness in Murder Case by Dale Chappell by Dale Chappell Finding that defense counsel’s failure to interview the State’s key eyewitness in a Louisiana murder case constituted ineffective assistance of counsel under Strickland v. …
Article • April 15, 2021 • from CLN May, 2021
Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit by Casey Bastian by Casey J. Bastian Civil asset forfeiture laws allow law enforcement agencies to seize property if that property is suspected of being related to criminal activity. These laws do not require that the owner be convicted of …
Article • May 15, 2020 • from CLN June, 2020
Cops in Missouri Exploit Loophole to Seize $2.6 Million from Innocent Citizens by Douglas Ankney by Douglas Ankney According to St. Louis Public Radio, police in Missouri abused a civil asset forfeiture scheme to seize at least $2.6 million from motorists during traffic stops in 2018. St. Charles County cops …
Review of the Department’s Oversight of Cash Seizure and Forfeiture Activities, U.S. Department of Justice, Office of the Inspector General, 2017 Office of the Inspector General U.S. Department of Justice General Office of the Inspector U.S. Department of Justice Review of the Department’s Oversight of Cash Seizure and Forfeiture Activities …