Legalized Stealing: The Caswell Case -- Civil Forfeiture
I've blogged about this before, and the wonderful non-profit civil liberties defender, Institute for Justice, takes the case to court this week -- as the title of the YouTube video says, "POLICING FOR PROFIT -- Feds try to take innocent elderly couple's Mom-and-Pop motel":
The most contentious civil forfeiture fight in the nation will be the subject of a week-long trial starting Monday, November 5, 2012, in Boston. Throughout the week, the Institute for Justice, which represents the property owners in the case, will expose the ugly practice of civil forfeiture--where law enforcement agencies can pad their budgets by taking property from innocent owners who have never been convicted or even charged with a crime.The trial will start at 10 a.m. at the John Joseph Moakley U.S. Courthouse, 1 Courthouse Way in Boston. The case of Tewksbury, Mass., motel owner Russ Caswell and his wife will be presided over by Magistrate Judge Judith G. Dein in Courtroom 15. At the heart of the trial will be the protections afforded innocent owners, like the Caswells, when faced with the loss of their property.
All Russ and his wife want is to peacefully operate their motel. But because their property was worth one million dollars and carried no mortgage, and because a handful of drug crimes had taken place on the property over 20 years (which represent less than .05 percent of the 125,000 rooms the Caswells rented over that period of time), the federal government is trying to take the Caswell's property through civil forfeiture, sell the land and keep the money. Under a process known as "equitable sharing," the federal government would keep 20 percent of what they net and the local police department would pocket 80 percent. Russ and his wife stand to lose everything they worked their lives to build.
"The Caswell case epitomizes everything that is wrong with our nation's civil forfeiture laws," said Scott Bullock, senior attorney at the Institute for Justice. "People who are never even charged let alone convicted of criminal wrongdoing can face the loss of their homes, cars, cash, or, like with the Caswells, their entire business and livelihood."
"This outrageous forfeiture action should never have been filed in the first place," said Larry Salzman, an IJ attorney. "What the government is doing amounts to little more than a grab for what they saw as quick cash under the guise of civil forfeiture. Our goal in this case is to not only spotlight the inevitable abuse that transpires when law enforcement agencies are allowed to use civil forfeiture, but to set a precedent that will end this nightmare for the Caswells and stop an abuse of power that has ruined the lives of too many innocent Americans."
Russ said, "I think it is quite obvious why the federal government has come after us and not other businesses. We own a million-dollar property with no mortgage, so anything they get here, they get to keep for themselves. This case took a huge financial toll on our family before the Institute for Justice stepped up to defend us. And it continues to put a huge personal strain on both me and my wife. At this point in our lives, we should be thinking about our retirement. Instead, we have to take on this fight to save our business and make sure that it won't happen again to the next generation that comes along."
My advice, kill the lawyers who file and argue these cases, kill the police who serve these notices, bomb the police station which receive this money.
Go down murdering as many complicit people as possible
lujlp at November 1, 2012 7:47 AM
Now just calm down, Lujlp. I'll run out and fetch some tar. Why don't you go out and get a bunch of feathers and a couple of rails?
Old RPM Daddy at November 1, 2012 9:08 AM
Your title says it all:
"Legalized Stealing . . ."
This case, as it is with most (or is it all?) civil forfeiture cases is about the money, not really about stopping crime.
If it were about stopping crime then why don't they take everything a criminal has and give it to his victims?
Charles at November 1, 2012 10:17 AM
Better Idea, you get some lie and some etchescetc animators, I'll get some magnisum and we can coat half the body in lye, half in termite, set em on fire and then spray them with a hose
lujlp at November 1, 2012 10:49 AM
That should been 'lye'
lujlp at November 1, 2012 10:56 AM
In a just world, the police department, prosecutors and feds would be found guilty of attempted grand theft, criminal conspiracy and liable for treble damages under RICO. No one involved deserves any sort of official immunity. They should be prosecuted.
What, exactly, were the Caswells supposed to do? Refuse to rent to "shady" individuals and get prosecuted by the same government for discrimination?
This is disgusting.
MarkD at November 1, 2012 11:40 AM
@lujlp:
> My advice, kill the lawyers who file and argue
> these cases, kill the police who serve these
> notices, bomb the police station which receive
> this money.
>
> Go down murdering as many complicit people as
> possible
I have to take STRONG exception to this.
It's not "murder". It's just killing. Just like American farmers didn't murder British troops on April 19th, 1775 when the Brits tried to steal their property. They just killed them.
That correction aside, I find your suggestion impeccable.
TJIC at November 1, 2012 12:48 PM
Come on, it's like shooting Hellfire missiles into Afghani wedding parties from unmanned drones.
Sure, you're going to slaughter a few brides at their weddings, but somewhere in that group is somebody's cousin in Al Qaeda, you know?
Let's keep our priorities straight here, people.
As President George Bush once said, "[A]sset forfeiture laws allow [the government] to take the ill-gotten gains of drug kingpins and use them to put more cops on the streets."
And that's good enough for any real American!
Gog_Magog_Carpet_Reclaimers at November 1, 2012 3:12 PM
I hate these laws. A friends daughter got caught up with this. Her boyfriend’s house was busted for drugs. When she called to see where he was the police said “we are having a party come over”. When she showed up they searched her car (she stupidly gave permission). They found some pills which were caffeine and it took 6 months to analyze them. Hers was the only car not returned immediately because it was the only on without a lien on the title
susan at November 1, 2012 3:24 PM
Vile beyond measure.
Robert at November 1, 2012 5:36 PM
Amy Alkon
http://www.advicegoddess.com/archives/2012/11/01/legalized_steal_1.html#comment-3417817">comment from RobertIt's just horrible. And look at that man -- he reminds me of my dad, who is decent to the core.
More and more, the sort of things happening in this country are the sort of things I read about as a girl in novels about Nazi Germany and the USSR, with people having their property and their civil liberties yanked away from them, and few, if anybody, making a peep in their defense.
These people who work at FIRE and IJ are doing such important work. If you have a little money to donate at the end of the year, please consider them. I know FIRE is particularly hard-hit in terms of donations this year and needs some cash infusion. I wish I knew really wealthy people or were wealthy -- they are such an important and worthy cause.
Amy Alkon
at November 1, 2012 5:51 PM
Amy:
> More and more, the sort of things happening in
> this country are the sort of things I read about
> as a girl in novels about Nazi Germany and the
> USSR, with people having their property and their
> civil liberties yanked away from them, and few,
> if anybody, making a peep in their defense.
Absolutely.
A government that does these things is not legitimate - popularity does not create legitimacy (I imagine that slave holding was pretty popular in 1850 in the South, but just because some fraction of the population likes stealing from some other fraction doesn't make it right.)
TJIC at November 1, 2012 6:15 PM
It seems like the government is transforming into a gigantic organized crime cartel. It's becoming the domain of thieves, extortionists, murderers and perverts.
Ken R at November 2, 2012 12:03 AM
Yep, government-sponsored piracy. Nothing else to say.
Cousin Dave at November 2, 2012 6:38 AM
On a lighter note . . .
I remember when these laws first started decades ago a guy in DC was arrested for soliciting a prostitute. The cops in DC were allowed to take the property (i.e., the car) used in such a crime. The man rode up to the hooker on his son's bicycle. LOL! Try explaining to junior how daddy lost his son's bike.
Charles at November 2, 2012 12:55 PM
Police Asset Forfeiture Squads Out of Control!
Like a spreading plague, media reports of Police using Civil Asset Forfeiture to seize property from innocent owners is frightening off buyers of motels, bars, restaurants; residential rental property. Investors and property owners increasingly believe they are sitting ducks for police to confiscate their property. Investors have noted the publicized civil asset forfeiture of Motel Caswell by Federal & Local Law Enforcement Agencies from the Caswell family that owned and operated the motel for two generations. The Caswells cooperated with police to abate infrequent drug problems at their motel caused by guests. This family Motel was free and clear and provided police a target for asset forfeiture. See: “United States v. 434 Main Street, Tewksbury, Mass.”
Bars, restaurant and rental property owners increasingly fear police; strongly believe police can make it a point—to shut down or seize any bar, restaurant, motel or residential rental property by arresting a customer or tenant unbeknownst to the owner—possessing or distributing drugs; or by undercover police / informants steering drug sales or buys onto private property to forfeit it. Some owners of bars, restaurants and rental property have become police informants, report on their customers—in the erroneous belief police won’t target their business or property. There are more than 350 laws and violations that can subject property to government asset forfeiture. Government civil asset forfeiture requires only a civil preponderance of evidence for police to forfeit property, little more than hearsay. No one need be charged with a crime. Corrupt Police can create hearsay. If police civil forfeiture abuse is not brought under control it is foreseeable many Americans will be afraid to own real and personal property that comes in contact with the public.
It is understandable more business and rental property owners fear police. Almost every week, national news reports police, including high-ranking police and sheriffs being arrested for selling drugs, robbing, extorting or protecting drug dealers, planting evidence; and perjury to send innocent persons to prison.
Rwolf at December 10, 2012 10:43 AM
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