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Police Seize $17,000 From Oscar Osorio Near Gainesville, Florida

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cannabis-2150543_1920-300x184On January 28, Oscar Osorio was driving a Honda Civic through Alachua County in northern Florida when he was pulled over. Deputy Jasper Stephenson, a member of the Alachua County Drug Task Force Domestic Highway Enforcement Team, had observed Osorio tailgating another vehicle in violation of Florida state statutes.

Osorio showed Deputy Stephenson his Mexican identification card, but he did not have a valid driver’s license on him. Together with Osorio in the car was Belisario Osorio-Santiago (no relationship was specified in reports); Osario explained to the deputy that he and Osorio-Santiago had driven from Oxnard near Los Angeles in California to St. Pete Beach in central Florida to meet a friend.

Deputy Stephenson became suspicious when Osorio explained he had only stayed in St. Pete Beach for one day before beginning the drive back to California. Stephenson called for backup, and Officer David Rodriguez responded to the call.

Osorio agreed to let the police search his car and said he had neither any large sums of cash nor any contraband items in the vehicle. Deputy Stephenson found a backpack containing a large amount of money, later determined to be $16,840.00.

At first, Osorio said he had been giving the money to drive an unnamed person from California to Florida. Later, Osorio revised his story, saying instead that he had been given the money in return for transporting ten pounds of marijuana. Osorio said worked on a marijuana farm back in California and earned $15 an hour—which amounts to about $30,000 per year. He explained he was poor and had little money in his bank account. While working in California, Osorio says he was approached by an individual who said he would give Osorio $3,000 if he drove the marijuana to St. Pete’s Beach.

Osorio-Santiago said he had joined Osorio on the road trip for fun and had no idea there had been any illegal activity, drugs, or large amounts of cash involved. Osorio confirmed this. Deputy Stephenson seized the cash and released Osorio and Osorio-Santiago.

On June 26, law enforcement filed documents with the court to carry out civil asset forfeiture on the cash. Civil asset forfeiture is a legal procedure where a law enforcement agency, in this instance, the United States Drug Enforcement Administration (DEA), takes possession of an individual’s property because it is suspected of being involved in a crime. In Florida, a criminal conviction is not required before property is seized.

According to state law, authorities must prove “beyond a reasonable doubt” that property was involved in a crime for it to be forfeited. However, by partnering with federal agencies such as the DEA, local law enforcement can avoid these restrictions by forfeiting property using the federal equitable sharing program. In the case of equitable sharing, a lower standard of proof—”a preponderance of the evidence”—is required. The money found in Osorio’s car is being forfeited using equitable sharing.

“Based upon the aforementioned facts and my training and experience,” wrote Deforrest Houston of the DEA who wrote the affidavit submitted to the court. “I submit that the United States currency described herein constitute proceeds obtained through and traceable to criminal activity… and are therefore subject to seizure and forfeiture.”

Police were unable to find any criminal history relating to either Osorio or Osorio-Santiago.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

Source

2019-06-26 United States of America v. $16,840.00 in United States Currency

Police Seize $17,000 From Oscar Osorio Near Gainesville, Florida

By

cannabis-2150543_1920-300x184On January 28, Oscar Osorio was driving a Honda Civic through Alachua County in northern Florida when he was pulled over. Deputy Jasper Stephenson, a member of the Alachua County Drug Task Force Domestic Highway Enforcement Team, had observed Osorio tailgating another vehicle in violation of Florida state statutes.

Osorio showed Deputy Stephenson his Mexican identification card, but he did not have a valid driver’s license on him. Together with Osorio in the car was Belisario Osorio-Santiago (no relationship was specified in reports); Osario explained to the deputy that he and Osorio-Santiago had driven from Oxnard near Los Angeles in California to St. Pete Beach in central Florida to meet a friend.

Deputy Stephenson became suspicious when Osorio explained he had only stayed in St. Pete Beach for one day before beginning the drive back to California. Stephenson called for backup, and Officer David Rodriguez responded to the call.

Osorio agreed to let the police search his car and said he had neither any large sums of cash nor any contraband items in the vehicle. Deputy Stephenson found a backpack containing a large amount of money, later determined to be $16,840.00.

At first, Osorio said he had been giving the money to drive an unnamed person from California to Florida. Later, Osorio revised his story, saying instead that he had been given the money in return for transporting ten pounds of marijuana. Osorio said worked on a marijuana farm back in California and earned $15 an hour—which amounts to about $30,000 per year. He explained he was poor and had little money in his bank account. While working in California, Osorio says he was approached by an individual who said he would give Osorio $3,000 if he drove the marijuana to St. Pete’s Beach.

Osorio-Santiago said he had joined Osorio on the road trip for fun and had no idea there had been any illegal activity, drugs, or large amounts of cash involved. Osorio confirmed this. Deputy Stephenson seized the cash and released Osorio and Osorio-Santiago.

On June 26, law enforcement filed documents with the court to carry out civil asset forfeiture on the cash. Civil asset forfeiture is a legal procedure where a law enforcement agency, in this instance, the United States Drug Enforcement Administration (DEA), takes possession of an individual’s property because it is suspected of being involved in a crime. In Florida, a criminal conviction is not required before property is seized.

According to state law, authorities must prove “beyond a reasonable doubt” that property was involved in a crime for it to be forfeited. However, by partnering with federal agencies such as the DEA, local law enforcement can avoid these restrictions by forfeiting property using the federal equitable sharing program. In the case of equitable sharing, a lower standard of proof—”a preponderance of the evidence”—is required. The money found in Osorio’s car is being forfeited using equitable sharing.

“Based upon the aforementioned facts and my training and experience,” wrote Deforrest Houston of the DEA who wrote the affidavit submitted to the court. “I submit that the United States currency described herein constitute proceeds obtained through and traceable to criminal activity… and are therefore subject to seizure and forfeiture.”

Police were unable to find any criminal history relating to either Osorio or Osorio-Santiago.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

Source

2019-06-26 United States of America v. $16,840.00 in United States Currency

Police Seize $627K in Missouri Traffic Stop

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bills-cash-collection-47344-300x212In the early hours of January 10, 2017, Zhimin Peng of Chicago was traveling through Boone County, Missouri when he was pulled over by Deputy Patrick Richardson. Peng had been driving his rental car at 94 mph. Together with Peng in the car was Ting Wei Huang. They told Richardson that they were on a short break from college and were traveling from Chicago to San Francisco.

Missouri State Highway Patrol Trooper Matt Halford soon joined Richardson. Halford obtained permission to search Huang’s possessions. When Halford opened a bag in the trunk, he saw it contained a large amount of cash. Another officer, Kevin Purdy of the Columbia Police Department arrived with his drug dog, Duncan. The dog alerted officers to the odor of narcotics in several bags in the trunk. The bags contained nearly $627,000 in cash.

At first, Huang claimed a woman gave him $400 to transport the money so she could avoid paying taxes. Later, however, he said the woman had actually paid him $900 to travel with Peng who was delivering a package.

Peng claimed the money had been loaned to him by a friend, Lu Li. He was, he said, going to buy a house with the money. Peng admitted that he had no job and that it would take a long time to repay the cash.

When the police called Li, she confirmed the money was hers. She said her mother had given it to her. Peng, she said, was transporting her money to California so she could buy a house. She gave an address for the house and left the phone, claiming she was looking for documents to help the police with their investigations. The call was later disconnected.

The proprty’s realtor denied Li was in negotiations for the home. In fact, the property would not be ready for market for some time as it was being remodeled.

Peng was given a speeding ticket, although this was later dismissed. Neither Peng, Huang, or Li have been charged with any other crime. Despite this, police seized the money. They did so using civil asset forfeiture. This is a legal procedure where law enforcement can seize an individual’s property or cash when it is suspected of being involved in a crime. In most states, neither a criminal conviction nor even criminal charges are necessary for property to be taken.

Even though no one has been charged with a crime, federal prosecutors believe the $627,000 is drug money and therefore belongs to the United States. Li and Peng have made a claim for the return of the cash. They claim they obtained it legally and that their rights have been violated.

Investigators have uncovered further evidence that suggests the seized cash is drug money. These include “highly unusual” transactions of around $100,000 in Peng’s bank account, as well as Peng’s home address in Chicago being close to a residence known for shipping drug money from Chicago to California. Additionally, Peng is known to have associated with someone stopped for suspiciously transporting $300,000 in cash in 2016.

Li’s attorney, Darryl Goldberg, however, argued that law enforcement, “lacked untainted probable cause for either the institution of this forfeiture suit… and/or the seizure of defendant property.” The trial is set for April 2019.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

Source

2018-10-06 Trial Set for $626K Seized in Boone County Traffic Stop

Police Seize $627K in Missouri Traffic Stop

By

bills-cash-collection-47344-300x212In the early hours of January 10, 2017, Zhimin Peng of Chicago was traveling through Boone County, Missouri when he was pulled over by Deputy Patrick Richardson. Peng had been driving his rental car at 94 mph. Together with Peng in the car was Ting Wei Huang. They told Richardson that they were on a short break from college and were traveling from Chicago to San Francisco.

Missouri State Highway Patrol Trooper Matt Halford soon joined Richardson. Halford obtained permission to search Huang’s possessions. When Halford opened a bag in the trunk, he saw it contained a large amount of cash. Another officer, Kevin Purdy of the Columbia Police Department arrived with his drug dog, Duncan. The dog alerted officers to the odor of narcotics in several bags in the trunk. The bags contained nearly $627,000 in cash.

At first, Huang claimed a woman gave him $400 to transport the money so she could avoid paying taxes. Later, however, he said the woman had actually paid him $900 to travel with Peng who was delivering a package.

Peng claimed the money had been loaned to him by a friend, Lu Li. He was, he said, going to buy a house with the money. Peng admitted that he had no job and that it would take a long time to repay the cash.

When the police called Li, she confirmed the money was hers. She said her mother had given it to her. Peng, she said, was transporting her money to California so she could buy a house. She gave an address for the house and left the phone, claiming she was looking for documents to help the police with their investigations. The call was later disconnected.

The proprty’s realtor denied Li was in negotiations for the home. In fact, the property would not be ready for market for some time as it was being remodeled.

Peng was given a speeding ticket, although this was later dismissed. Neither Peng, Huang, or Li have been charged with any other crime. Despite this, police seized the money. They did so using civil asset forfeiture. This is a legal procedure where law enforcement can seize an individual’s property or cash when it is suspected of being involved in a crime. In most states, neither a criminal conviction nor even criminal charges are necessary for property to be taken.

Even though no one has been charged with a crime, federal prosecutors believe the $627,000 is drug money and therefore belongs to the United States. Li and Peng have made a claim for the return of the cash. They claim they obtained it legally and that their rights have been violated.

Investigators have uncovered further evidence that suggests the seized cash is drug money. These include “highly unusual” transactions of around $100,000 in Peng’s bank account, as well as Peng’s home address in Chicago being close to a residence known for shipping drug money from Chicago to California. Additionally, Peng is known to have associated with someone stopped for suspiciously transporting $300,000 in cash in 2016.

Li’s attorney, Darryl Goldberg, however, argued that law enforcement, “lacked untainted probable cause for either the institution of this forfeiture suit… and/or the seizure of defendant property.” The trial is set for April 2019.

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

Source

2018-10-06 Trial Set for $626K Seized in Boone County Traffic Stop

U.S. Government to Return Money Seized from Ohio Man

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In June, I reported on the case of Rustem Kazazi who had about $58,000 in cash seized from him at Cleveland Hopkins International Airport. The case caused outrage across the country as Rustem was never charged with a crime. His money was taken using a process known as civil asset forfeiture, a legal procedure where law enforcement can take an individual’s property or cash without criminal charges being filed.

In good news, the Department of Homeland Security has now agreed to return $57,330 to Rustem together with interest earned. However, in a lawsuit from May, Rustem said Customs and Border Protection (CBP) took $58,100 in cash. A hearing has been set for December to decide whether the federal government will have to give Rustem the additional $770.

The recent court hearing gave insight into CBP’s behavior in seizing Rustem’s cash. In order to avoid bank-related crime and poor exchange rates, Rustem had converted his family’s life savings into cash before traveling to Albania, the country of his birth. He had planned on staying there for six months. In that time, he would use the money to repair his family’s old home as well as purchase a new property.

When he arrived at the airport, agents describe Rustem as dressed oddly, wearing two pairs of pants and three jackets. According to Assistant U.S. Attorney Renee Bacchus, screeners for the Transport Security Administration spotted a “bulk mass” in Rustem’s carry-on.

Rustem was led away. Since English is his second language, Rustem had difficulty understanding what was being said. He asked for an interpreter, but his request was denied. CBP agents found the cash wrapped wax paper, plastic wrap, and tape. When asked how he got the money, Rustem explained that he was no longer working and that this was his savings.

Officers asked Rustem how much money he was carrying. He gave them several different amounts. A CBP agent unwrapped the money and photographed it. They then took Rustem’s money. CBP said they believed the money had come from money laundering, drug trafficking, and smuggling. Despite this, Rustem was not charged with a crime.

Explaining why the government is returning only $57,330, Bacchus said that this is the amount Rustem had claimed was taken when he originally filed his claim for the cash in January. Rustem had said $32,663 belonged to him and his wife, while $24,667 was his son’s money. It was only later that Rustem claimed agents had seized an additional $770.

“It would be a vain act for the Court to order the Federal Defendants to return property not in their possession,” explained Bacchus.

Rustem broke no laws in carrying a large amount of money onto a plane. Individuals must declare cash in excess of $10,000 when leaving the country, but as Rustem had a connection at Newark for his flight to Albania, he says Newark was where he had intended to make that declaration.

While the return of at least the majority of Rustem’s cash represents a success for justice, as Wesley Hottot of the libertarian Institute for Justice explains, “this case shows how civil forfeiture is inherently abusive, even when the process ‘works.’”

Civil Asset Forfeiture Attorney

If your lawful property has been seized, then you should hire a lawyer. Contact us to set up a free initial consultation and work with one of Florida’s most experienced civil forfeiture defense attorneys.

Source

2018-08-03 U.S. Officials Contest Amount of Money Agents Seized from Parma Heights Man at Airport