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Article • May 15, 2013 • from PLN May, 2013
Governmental Highway Robbery: Asset Forfeiture and the Pillaging of the American People by John W. Whitehead This is the problem when police officers and police departments have a financial interest in doing their job. We got rid of bounty hunters because they were not a good thing. This is modern …
Article • April 15, 2012 • from PLN April, 2012
Indiana Prosecutor Disciplined for Conflict of Interest by Matthew Clarke by Matt Clarke Delaware County, Indiana prosecutor Mark R. McKinney was suspended from practicing law for 120 days beginning on July 28, 2011. He was disciplined for engaging in professional misconduct by handling criminal prosecutions and civil forfeiture cases involving …
Article • July 15, 2011
Administrative Forfeiture of Assets Requires Notice by The Fifth Circuit Court of Appeals has held that an evidentiary hearing must be held to determine if constitutional notice was given by the Drug Enforcement Agency (DEA) to administratively forfeit $13,000. That holding comes after a Mississippi federal district court held the …
Publication • June 30, 2010
Asset Forfeiture Handbook, ICE, 2010 Department of Homeland Security Homeland Security Investigations Asset Forfeiture Handbook HSI HB 10-04 June 30, 2010 OFFICIAL USE ONLY Foreword The Asset Forfeiture Handbook provides a uniform source of national policies, procedures, responsibilities, guidelines, and controls to be followed by U.S. Immigration and Customs Enforcement …
Article • December 15, 2009
Court Okays Sale Of Unabomber’s Property by The U.S. Court of Appeals for the Ninth Circuit has rejected an appeal by Theodore Kaczynski, better known as the “Unabomber,” challenging the sale and disposition of Kaczynski’s personal property that was seized during the underlying investigation into his bombings. In 2006, the …
Article • August 15, 2008
Federal Forfeiture Law Application Reversed by Harold and Kathleen von Hofe, both Connecticut state prison guards, were arrested after sixty-five marijuana plants were discovered in their basement. Harold pled guilty to manufacturing a controlled substance, a felony, and Kathleen pled guilty to misdemeanor possession of the same. The federal government …
Article • May 15, 2008
Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official by A prisoner alleged that he never received notice of forfeiture which was signed for by a prison official, had the return receipt marked by a prison official, and the notice marked as delivered. Notice of forfeiture must …
Article • December 15, 2007
Heck Applies to Suits Over Seized Property by Heck v. Humphrey applies to pending criminal cases as well as to convictions, so a plaintiff's 1983 claim arising from the seizure of property on which a dismissed criminal case was based does not accrue until the dismissal. A claim of sale …
Threat at Disciplinary Hearing Raises Due Process Issue by The U.S. District Court for the Eastern District of Pennsylvania held that unresolved factual issues precluded summary judgment. A Pennsylvania prisoner brought a §1983 action alleging violations of his right to due process during a disciplinary hearing in which the disciplinary …
Article • May 15, 2007
Appeals Court Vacates, Remands Dismissal of Prisoner's Property Action by The U.S. Sixth Circuit Court of Appeals vacated and remanded an Ohio federal district court's dismissal of a federal prisoner's suit for return of property. Litho Range, a federal prisoner convicted of drug conspiracy, lost $3,042.13 from a forfeiture proceeding. …
Article • May 15, 2007
Defendant Loses Forfeiture Challenge Despite Lack of Notice by The government sent a notice of forfeiture for a confiscated vehicle to the plaintiff's home address, the prison he was believed to be held in, and the lien-holder. He was transferred to a different prison two weeks before the notice was …
Article • May 15, 2007
Post Incarceration Proposed Residence Doesn't Establish Diversity in Forfeiture Action by Post Incarceration Proposed Residence Doesn't Establish Diversity in Forfeiture Action The plaintiff established a trust pursuant to a plea agreement to shelter his 24-acre Texas farm from forfeiture, with his children as beneficiaries, and now there is a dispute …
Article • May 15, 2007
Statutes Permitting Repossession Without Hearing Violated Due Process by The U.S. Supreme Court held that Pennsylvania and Florida prejudgment replevin statutes, which allowed private parties to repossess goods without first giving the possessors an opportunity to be heard, violated the Fourteenth Amendment. Appellants, most of whom had purchased household goods …
Article • May 15, 2007
Pre Forfeiture Seizure of DUI Vehicles Illegal by New York City's provision for seizure of motor vehicles of those accused of DWI pending forfeiture proceedings denies due process. (Arrests for misdemeanor DWI are not supported by an independent determination of probable cause.) At 43: "A car or truck is often …
Article • May 15, 2007
Service on Prisoner by Certified Mail Not Presumptively Adequate by The U.S. Court of Appeals for the Eighth Circuit has held that the federal Drug Enforcement Agency (DEA) didn't presumptively provide adequate notice of pending forfeiture proceedings when it served a notice thereof by certified mail to the jail where …
Article • May 15, 2007
Filed under: Money/Property, Forfeiture
Statutory Forfeiture of Prison Cash Upheld by The court of appeals for the Fifth circuit upheld the confiscation of $2,197.40 in cash from a Florida prisoner. Court held that a state statute allowing forfeiture of cash found in prisoners' possession was unconstitutional. As a general rule, forfeiture of prisoner funds …
Article • May 15, 2007
Filed under: Money/Property, Forfeiture
Due Process Required In Florida Forfeiture Actions by The Supreme Court of Florida held that the Florida Contraband Forfeiture Act (FCFA) was constitutional as long as it was applied in comportment with state due process requirements. After his arrest on drug trafficking charges, the state initiated forfeiture proceedings against Charles …
Federal Forfeiture Motions are Civil, Subject to PLRA by Federal Forfeiture Motions Are Civil, Subject to PLRA The federal prisoner in Wisconsin filed a motion contesting a forfeiture of property in his criminal case. At 696: The motion is a civil action subject to the PLRA, even though it was …
Article • August 15, 2004 • from PLN August, 2004
Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams Mailbox Rule Applied To Administrative Forfeiture Proceeding by Bob Williams In a case of first impression, the Third Circuit has held that the mailbox rule applies to administrative forfeiture proceedings. The Court also held that the failure to apply the …
Article • April 15, 2004 • from PLN April, 2004
Asset Forfeiture Defense Manual by John E Dannenberg by Brenda Grantland, Judy Osburn and Susan Raffanti; Liberty Press, San Francisco, CA, Nov. 2001; 500 pp. (soft-back) Vol. 1: Substantive Law and Administrative Procedure; Review by John E. Dannenberg You may have thought your troubles were over when you were prosecuted …
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