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Article • September 1, 2024 • from CLN September, 2024
Filed under: Forfeiture
Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’ by Sam Rutherford by Sam Rutherford The Supreme Court of Indiana recently issued a decision clarifying the procedural framework, relevant pleading standards, and the State’s evidentiary burden before it may lawfully seize a citizen’s money …
Article • February 15, 2024 • from CLN February, 2024
Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial by Matthew Clarke by Matt Clarke The Supreme Court of Indiana held that civil forfeiture triggers the right to a jury trial. As Alucious Kizer fled from a traffic stop, he discarded 74 grams of methamphetamine, 67 grams of …
Article • February 15, 2024 • from CLN February, 2024
Filed under: Forfeiture
Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that the policies and practices of …
Article • April 15, 2023 • from CLN May, 2023
Houston Prosecutors Profit Millions From Cash Illegally Seized by Jacob Barrett by Jacob Barrett Apparently “everything in Texas isbigger,” including the corruption and dirty tactics used by police and prosecutors to profit off cases compromised by police. In 2019, the Houston Police Department was forced to dismiss dozens of criminal …
Article • January 15, 2023 • from CLN February, 2023
Filed under: Forfeiture, Federal Funds
Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures by Jacob Barrett by Jacob Barrett In 2019, Kansas enacted a law that requires police agencies to accurately track and report amounts seized from property forfeitures — known as civil asset forfeiture. As of 2022, …
Article • January 15, 2023 • from CLN February, 2023
Filed under: Forfeiture
Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program by Casey Bastian by Casey J. Bastian The FBI has identified Charlotte, North Carolina, as a drug trafficking hub because it has “multiple interstates running directly through” it. The FBI claims that this makes the Queen City an …
Article • December 15, 2022 • from CLN January, 2023
Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed two money judgments totaling $62.5 million after holding Federal Rule of Criminal Procedure 32.2(b) …
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 15, 2022 • from CLN June, 2022
Filed under: Forfeiture
Maine Now Requires Criminal Conviction Before Property May Be Forfeited by Douglas Ankney by Douglas Ankney Maine passed LD 1521 without the governor’s signature to become the fourth state in the nation to abolish civil asset forfeiture, requiring instead a criminal conviction before property may be forfeited. The law took …
Article • May 1, 2022 • from CLN May, 2022
Filed under: Forfeiture
Digital Tyranny: Beware of the Government’s Push for a Digital Currency by John W. Whitehead, Nisha Whitehead by John W. Whitehead & Nisha Whitehead, The Rutherford Institute “The greatest tyrannies are always perpetrated in the name of the noblest causes.”—Thomas Paine The government wants your money.It will beg, steal or …
Article • April 14, 2022
Filed under: Forfeiture
Civil Asset Forfeiture Still Abused by Florida Law Enforcement by Kevin Bliss by Kevin Bliss Florida is still one of the most prolific practitioners of civil asset forfeiture in the United States, seizing $47.8 million in the 2018-2019 fiscal year despite the 2016 reformations setting higher standards necessary to prevail …
Article • March 2, 2022
Filed under: Forfeiture
‘Sentence First; Verdict Afterwards’: Civil Asset Forfeiture Ruins Lives on Basis of Allegations by Jo Ellen Nott by Jo Ellen Nott  The FBI seized almost one million dollars from Carl Nelson and Amy Sterner Nelson in May of 2020 after having shown up the month before to their home in …
Article • February 15, 2022 • from CLN March, 2022
Massachusetts Remains a Civil Forfeiture Outlier by Jayson Hawkins by Jayson Hawkins  The five-plus decade battlefield of America’s war on drugs and crime is littered with dishonesty, abuse, and failure, which goes far to explain why 50 years of social war has achieved nothing beyond the growth of a massive …
Article • February 15, 2022 • from CLN March, 2022
DEA Continues to Seize Money Without Proof of Criminality by Casey Bastian by Casey J. Bastian  Kermit Warren is the latest victim of unconscionable governmental abuses of the civil asset forfeiture laws. The Drug Enforcement Agency (“DEA”) is again in the news for seizing cash from a citizen without any …
Article • January 15, 2022 • from CLN February, 2022
Civil Forfeiture Under Fire in Massachusetts by Jayson Hawkins by Jayson Hawkins Devantee Jones-Bernier did not have any drugs on him when police executed a search warrant on the apartment where he was visiting some friends in Worcester, Massachusetts. Marijuana was found in the unit, and so Jones-Bernier was initially …
Article • December 29, 2021
Highway Robbers Return Money Taken from Ex-Marine The Catch? They Were Cops by J.D. Schmidt by J.D. Schmidt While driving cross-country from Texas to California in February, retired Marine Stephen Lara was pulled over by the Nevada Highway Patrol. Little did Lara know, but he was about to become the …
Article • December 24, 2021
Boston Cops Fleece Citizens to Secretly Buy Controversial Spy Tech by J.D. Schmidt by J.D. Schmidt Boston police used money obtained via civil asset forfeiture to secretly purchase high-tech cell phone surveillance equipment, a new report claims. The exposé, published jointly by Pro Publica and WBUR, details how the Boston …
Article • December 13, 2021
Filed under: Forfeiture
Dallas K-9 Instrumental in Civil Forfeiture of $106,000 at Love Field Airport Despite There Being no Arrest or Crime by Jo Ellen Nott by Jo Ellen Nott A police dog with the Dallas Police Department sniffed out $106,000 in cash in a traveler’s suitcase on December 2, 2021, at Dallas’ …
Article • March 27, 2021
Filed under: Forfeiture
Massachusetts Worst in Nation for Civil Forfeiture Laws by Dale Chappell by Dale Chappell The Institute for Justice announced in its latest Policy for Profit report that Massachusetts was the only state in the country to earn an “F” because of its unfair civil forfeiture laws. One reason is that …
Article • January 15, 2021 • from CLN February, 2021
Filed under: Forfeiture, Rule 41(g)
Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong. by Ian MacDougall Civil asset forfeiture laws, which allow police to seize property without trial, are frequently justified as tools to seize millions from kingpins. A new study reveals the median amount taken is as low …
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