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South Carolina Judge Declares State’s Forfeiture Law Unconstitutional

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justice-2060093_1920-300x200A South Carolina judge has ruled the state’s civil asset forfeiture laws violate the state and federal constitutions.

Horry County Judge Steven H. John declared that the South Carolina’s forfeiture laws violate constitutional protections against excessive fines by allowing the government to seize unlimited amounts of cash and property, disproportionate to the alleged crime.

“Indeed, they allow the government to seize unlimited amounts of cash and other property when no crime has been committed, without a criminal conviction and without proof of a crime having been committed beyond a determination of probably cause,” the judge wrote.

Civil asset forfeiture is a legal practice that allows authorities to seize money, cars, and other possessions that are supposedly connected to a crime even if the owner hasn’t been convicted or charged with one.

Proponents say forfeiture takes the profit out of drug crime and helps finance law enforcement efforts, but critics say the statutes are ripe for abuse.

John’s decision was made in the civil forfeiture case of Travis Lee Green, who was sentenced to 15 years for drug dealing. Drug enforcement agents seized cash from Green after they allegedly bought cocaine from him on three occasions in an undercover operation. The agents executed a warrant to search his home, where they reportedly found almost $20,000 in cash and drugs, which they seized.

The judge ruled it was unconstitutional to seize Green’s money using asset forfeiture laws. While his ruling doesn’t set precedent beyond his courtroom, the decision could set the stage for a state appellate court to decide whether South Carolina needs to rewrite its civil asset forfeiture law.

Currently, the state allows police to seize property from people suspected of drug dealing even if they haven’t been charged or convicted of a crime. From 2014 to 2016, law enforcement agencies across South Carolina reportedly seized $17 million, and almost 20% of over 4,000 people who had their property seized were never charged with a crime.

In February, a bipartisan group of state representatives proposed a bill to reform asset forfeiture statutes in response to a two-year investigation by Greenville News. The bill would allow law enforcement to only seize property with a criminal conviction, and also make it harder for police to seize items during traffic stops.

However, the push for reform was stalled in the spring 2019 session. The lawmakers have reportedly been meeting in a study committee to work out the details of the proposal. The committee plans to propose an amendment to the bill and introduce it at the start of the 2020 session.

“The abuses under the current civil asset forfeiture in South Carolina are far and wide,” Rep. Alan Clemmons, R-Myrtle Beach, told Greenville News. “The stories being reported on by your newspaper aren’t an aberration. They are facts that we’ve been seeing quite often across South Carolina and across the U.S.”

South Florida Civil Asset Forfeiture Attorney

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

Source: 10.15.19 Civil asset forfeiture in South Carolina is unconstitutional.pdf

Class Action Lawsuit Filed in Alabama Challenges the State’s Civil Asset Forfeiture Laws

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alabama-1611179_1920-300x287A federal class-action lawsuit recently filed in the U.S. District Court for the Southern District of Alabama is challenging the constitutionality of the state’s civil asset forfeiture system.

Civil asset forfeiture is a legal practice that allows law enforcement to take possession of private property—cash, vehicles, real estate, etc.—if it is suspected of being connected to criminal activity. In many states, an individual doesn’t even need to be charged with a crime before their property is taken.

Alabama law awards 100 percent of the proceeds of successful forfeitures to the law enforcement agencies doing the seizing and the prosecutors handling the cases.

The lawsuit challenging Alabama’s forfeiture laws was filed on September 23 by Hailima Culley, whose 23-year old Tayjon was arrested on February 17 in Satsuma after police found less than an ounce of marijuana on him during a traffic stop. Police seized the marijuana and Culley’s 2015 Nissan Altima.

The case against Tayjon has since been disposed. He pleaded guilty to misdemeanor marijuana possession and was sentenced to two years of probation. Culley’s vehicle wasn’t returned.

The lawsuit is a class-action case because it can include “anyone who has had their property seized” in Satsuma. It names Alabama Attorney General Steve Marshall, Mobile County District Attorney Ashley Rich, and the city of Satsuma as defendants.

The case seeks a judge to declare the state’s civil asset forfeiture to be a violation of the Eight Amendment, which protects citizens against excessive fines imposed by the government. It also claims the law currently enables law enforcement agencies to violate the due process clause of the Fifth and Fourteenth Amendments, and violates the Fourth Amendment by opening the way to illegal searches.

The lawsuit comes at a time when lawmakers in Alabama are starting to scrutinize the practice of law enforcement seizing private property even if the owner hasn’t committed a crime, as was Culley’s case.

Earlier this year, the Alabama House unanimously passed Senate Bill 191, the Alabama Forfeiture Information Reporting Act, which would improve transparency around asset forfeiture cases in the state. It requires all law enforcement agencies to report: property seized during arrests, arrests connected with seizures, location of the seizures, dispositions of the property, and proceeds collected by the agency.

The bill was signed into law in June by Governor Kay Ivey, and the information will be released publicly early next year by the Alabama Criminal Justice Information Center.

Critics of civil asset forfeiture say the Alabama’s laws are among the worst in the nation. The state was graded as a “D-” by the Institute for Justice because of the low bar for enforcement agencies to forfeit assets even without a criminal conviction. However, the organization noted that Alabama is one of 32 states that has passed some sort of reform since 2014.

South Florida Civil Asset Forfeiture Attorney

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

Source: 10.7.19 alabama civil asset forfeiture faces constitutional trouble as lawmakers consider reform.pdf

Police in Willmington, IL, Seek to Use Asset Forfeiture to Seize Truck from Corey Ingram

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dollar-499481_1920-300x212Police in Willmington, IL, are reportedly seeking to seize the vehicle of a 27-year-old man who was arrested in August for armed robbery.

According to documents filed by the Will County State’s Attorney’s Office, police are seeking to forfeit a 1997 GMC 2500 truck owned by Correy A. Ingram of Diamond.

Ingram has been jailed since August 18, when he was arrested for his alleged involvement in a robbery at a gas station on Lorenzo Road. The forfeiture complaint claims the vehicle was used by Ingram during the commission of the alleged armed robbery.

Deputies from the Will County Sheriff’s Office were called to the Knights Inn gas station after an attendant reported an armed robbery. The attendant told police that the criminal wore a hooded sweatshirt, blue jeans, black gloves, and a ski mask.

The masked gunman reportedly shouted at the attendant to open the cash register and lifted his sweatshirt to show a black handgun tucked in his pants. The gunman then told the attendant to transfer the cash into a plastic bag. The clerk reportedly put around $500 in the bag, according to the complaint.

The gunman yelled at the attendant to keep his hands where he could see them. Once he got the bag of money, he walked out of the gas station and headed west. The attendant immediately called 911 once the gunman was out of sight.

At approximately 4:50 a.m., a deputy reportedly noticed a man hiding in the bushes near the gas station. The man, who was identified as Ingram, was arrested and taken to the Will County Sheriff’s Department.

Later that day, a Wilmington officer and Will County Sheriff’s deputy found a black truck less than a mile west of the alleged crime scene. A run of its registration revealed Ingram to be the owner. Police searched the vehicle and allegedly found a blue plastic bag and a handgun on the driver’s seat.

Police are now seeking to seize the vehicle as a forfeited police asset. A Will County judge will decide whether the vehicle will become a forfeited asset on October 9. Ingram remains jailed on $500,000 bond. It is unclear if he has acquired the services of an attorney.

Civil asset forfeiture can be found in many criminal cases. Forfeiture laws allow police departments to take assets if they believe the assets are associated with a crime. This includes vehicles, jewelry, cash, bank accounts, and even real estate.

The proceedings for civil forfeitures call for the assistance of an experienced attorney. It is crucial for victims of civil forfeiture to hire an attorney to help them navigate the legal system, and get some or all of their assets back.

South Florida Civil Forfeiture Defense Attorney

If your property was seized because of an alleged connection to a crime, you should hire an attorney. Contact us to set up a free consultation and work with one of South Florida’s most experienced civil forfeiture defense attorney.

Source: 9.20.19 Wilmington gas station robber may lost truck to forfeiture.pdf

Jeffrey Epstein’s Sexual Abuse Victims Not Guaranteed Asset Forfeitures after His Suicide

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Jeffery Epstein, 66, was found dead in his Manhattan jail cell on August 10th, 2019 of suspected suicide. Epstein had been accused of sexually abusing multiple women as children and was registered as a Level 3 sex offender in November 2011. 

His death has ended the almost decade-long criminal case against him. Now, his lawyers have cited civil forfeiture as their way of compensating the women he allegedly sexually abused. 

Under New York City forfeiture statutes, in light of his death, prosecutors on Epstein’s case can sue his estate and seize his real estate assets. This includes a large Upper East Side mansion valued at more than $56 million.

After Epstein was indicted last month on multiple charges of conspiracy and sex-trafficking, the State of New York did try to seize his Manhattan home. Sources reported that Epstein’s total net worth last month was around $559 million.

However, Epstein’s finances have always been opaque, and there has been limited documentation linking him to his abusers. Therefore, there is uncertainty regarding whether the victims will receive compensation after Epstein’s creditors are paid. 

In cases of financial fraud, victim losses are usually based on documentary evidence. For Epstein’s case, the accusers must provide physical evidence or testimonies that prove physical, mental, or financial harm. 

Epstein’s accusers have grown into the dozens since his case has begun. Authorities say that this number is expected to grow even more. The majority of his accusers stated that Epstein sexually abused them as children. Many of the victims claim that Epstein called on middle-school and high-school girls to give him sensual massages.

Last Wednesday, a New York State law took effect, removing the time limit for sexual-abuse victims to sue. Several accusers, via their lawyers, have stated that they are seeking damages to compensate for psychological harm. 

Last Monday, Attorney General William Barr issued a warning for Epstein’s suspected accomplices, many of whom were adults who enabled his behavior towards the then-young victims. Barr has stated that the criminal investigation will proceed. “The victims deserve justice, and they will get it,” he said in a statement.

Currently, prosecutors in Manhattan are deliberating their options. “The obvious next step for criminal prosecutors is to bring civil asset forfeiture cases to recover any property that is connected to his crimes, whether it’s real estate or any vehicles used or any assets that were purchased,” stated Mathew Schwartz, an attorney who is representing multiple Epstein accusers.

Prosecutors can file forfeiture actions under the 2000 Trafficking Victims Protection Act. This Act was used by accusers in the sexual-abuse case against Harvey Weinstein. However, many questions remain about Epstein’s assets and victims, causing complications to the case. Only time will tell what remains of Epstein’s estate after other debts are paid. 

If you or someone you know is involved in a sexual abuse case, or if you’ve been accused of sexual abuse, you should hire a lawyer. Contact us today to take the first steps towards the best possible legal outcome for you.

13 8 19 Jeffrey Epstein Asset Forfeitures Wouldn’t Guarantee Payout for Accusers.pdf

No More Civil Asset Forfeiture in Arkansas after House Passes Bill

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close-up-document-fountain-pen-48148-300x199On July 24, the state of Arkansas put an end to civil asset forfeiture in almost all cases in Arkansas. The bill, sponsored by State Senator Bart Hester, received a unanimous vote from the Arkansas Legislature and was signed into law in March earlier this year. Now, it has taken effect.

The new law prohibits state and local law enforcement agencies from seizing property unless the property owner is convicted of a criminal offense. This law will help to deal with the injustice often found in cases of Civil Asset Forfeiture.

Civil Asset Forfeiture allows law enforcement agencies to legally seize property and other assets of a person suspected of committing a crime. It essentially involves a lawsuit against the actual property itself. Therefore, the ‘defendant’ (i.e. the property) can be taken by the state regardless of whether the property owner is convicted or not. This is different from Criminal Asset Forfeiture, which requires the property owner to be guilty beyond doubt before the police seize the property.

Civil Asset Forfeitures are often employed when police are dealing with suspected drug or other organized criminal activities. The police need only to show that there is some preponderance of evidence that the property was involved in illegal activities. Once seized, the law enforcement agencies sell the property at auction, and the proceeds are often used to fund the agencies.

These seizures can be quite significant. In 2018, the Michigan State Police seized $15 million in property and cash. Similarly, in Missouri, police took more than $9 million in assets, according to the St. Louis Post Dispatch. There are countless more numbers like these. However, not all of these numbers represent property taken from convicted persons.

Unlike the case of a criminal conviction, the owners of these seized properties do not get a court-appointed attorney. This is because their cases are civil rather than criminal. Due to this difference, owners of seized property have to pay for an attorney themselves.

Many people can’t afford to enlist legal aid and end up losing their property altogether. For example, in Iowa, police seized at least $24 million worth of assets between 2010 and 2017, the majority of which was not contested.

Many states have passed laws to try and curtail the practices involved in civil asset forfeiture by defining how and where the proceeds of civil asset forfeiture can be used. However, staunch supporters of this practice have found a way around that too through the Equitable Sharing program. Under this program, local law enforcement agencies can pass off cases to the federal government, bypassing any state-level restrictions.

To combat this, the State of Arkansas had already taken steps to withdraw from the program. Their current law prohibits cases from being passed or transferred to the federal government unless they have judicial approval. Furthermore, the cases won’t get judicial approval unless the cases are better suited to the federal government. 

However, even these restrictions can be avoided with the help of a compliant judge, according to the Tenth Amendment Center. In order to avoid loopholes, the state of Arkansas would need to withdraw entirely from federal equitable sharing programs or take a similarly drastic measure, some experts say.