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Spa Prostitution Case—Police File Civil Forfeiture Actions to Seize Homes, Cars, and Money

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prison-162885_1920-300x225Police have filed civil asset forfeiture actions against at least three individuals who have all been charged with their alleged involvement in a prostitution investigation in Marin County, Florida.

In February this year, after an eight-month investigation conducted by multiple law enforcement agencies including several law enforcement agencies from Orange County to Palm Beach together with the IRS and Homeland Security, six women were charged for their part in an alleged prostitution ring which operated in massage parlors in the area. Around 100 men have also been arrested—they stand accused of visiting the massage parlors.

The five spas targeted were the Orchids of Asia Day Spa in Jupiter, the Sequoia Apple Day Spa and the Bridge Day Spa in Hobe Sound, and the Therapy Day Spa and Cove Day Spa in Stuart.

According to Sheriff William Snyder, these arrests are “the tip of the tip of the iceberg.” The investigation is still ongoing as investigators are examining potential human trafficking charges. The first two arrests were announced on February 19 when Ruimei Li, age 49, and Lixia Zhu, age 49, were charged with money laundering, racketeering, permitting prostitution, and operating a house of prostitution.

The investigation made national news when it was revealed that Robert K. Kraft, owner of the New England Patriots, was among the men who allegedly visited the spas. In April, a Palm Beach County judge blocked the release of a video which allegedly showed Kraft at the Orchids of Asia Day Spa receiving sexual services.

At the time of the initial arrests, agents seized up to $3 million in assets. Law enforcement is attempting to keep possession of these assets using a procedure known as civil asset forfeiture. This is where law enforcement agencies are allowed to seize an individual’s property or cash if it is suspected of being involved in a crime.

In 2016, Rick Scott, the then-governor of Florida, signed into law SB 1044 which reformed civil asset forfeiture in the state. SB 1044, which had been unanimously passed by both houses of the state legislature, increased the level of evidence required for property to be forfeited to “beyond a reasonable doubt”—equal to the standard required in criminal cases. The bill also required police to make an arrest before being able to take most property.

According to court documents, law enforcement has filed a forfeiture action against a condominium in Jupiter which is partly owned by Hua Zhang, owner of the Orchids of Asia Day spa. Law enforcement has also filed an action against property owned by Ruimei Li including two cars, over $150,000 in cash and a condominium in Stuart. Law enforcement is attempting civil forfeitures of cars, money, jewelry and a condominium in Hobe Sound belonging to Lei Wang, manager at Orchids of Asia.

Finally, police also seized money and cars during raids on the Cove Day Spa, the Bridge Day Spa, and the Therapy Day Spar, where Lixia Zhu was allegedly president.

These forfeiture cases are separate from the criminal actions against these individuals and will be decided by a judge in due course.

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.

Sources

2019-05-08 Judge Blocks Release of Videos in Trial of Jupiter, Fla., Day-Spa Managers

2019-04-10 New Evidence Released in Martin County Spa Prostitution Case

2019-03-29 Officials Seek to Seize Condos, Cash, Cars Belonging to Defendants in Spa Prostitution Investigation

Arkansas’ Civil Forfeiture Reforms May Change Little

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courtroom-898931_1920-300x226A new law reforming civil asset forfeiture in Arkansas is set to come into effect in July, but critics argue there are so many loopholes that it will change little in the state.

Civil asset forfeiture is a legal procedure where police are able to take possession of an individual’s property if that property is suspect of being involved in a crime. In most states, no criminal conviction is required before property is seized. To seize assets in Arkansas, police only need to show that a “preponderance of the evidence” indicates the property was involved in a crime. This is far below the “beyond a reasonable doubt” that is required in criminal cases.

Additionally, since civil asset forfeiture is a civil and not a criminal process, there is no right to counsel. Individuals, especially those from lower-income areas, may be unable to afford an attorney to represent them, and in many cases, it may cost more than the property is worth to get it back. Also, unlike in criminal cases where the prosecution must prove the defendant’s guilt, in civil asset forfeiture it is property owners who must prove their own innocence.

While the new law stipulates a conviction is required before property is forfeited, it does not address the flaw that property owners still have to pay for legal representation or face navigating the complicated court system unaided.

Once property is seized, property owners are served with notice. If they do not respond within the set period, the case is then regarded as “defaulted.”

“Since it’s civil, a default is treated the same as any other civil case,” explained John Threet, a judge for the Fourth Circuit in Arkansas. “If you don’t answer after being served with notice, the prosecutor doesn’t have to go through proving the case.” In cases of default, forfeiture is automatically confirmed.

Here, then, is another loophole in the law: if a property owner does not reply the lawsuit in time and the case goes into default, a judge is allowed to waive the requirement for a criminal conviction. In 2018, there were 116 property seizures in Washington County and Benton County in northwest Arkansas. So far, 89 have been confirmed by default. To put this another way, more than 75 percent of property-based civil asset forfeitures last year would be unaffected by the new law.

“The origin of [civil asset forfeiture], as I’ve always understood it, was to kind of try to reach essentially the [drug] cartels,” said Tony Pirani, a lawyer based in Fayetteville, Arkansas. “It has become a law enforcement tool that is used increasingly over the years—and in some disturbing ways—against very low-level folks and in some pretty abusive situations.”

Critics of civil asset forfeiture point out that law enforcement agencies often get to keep the proceeds of forfeitures. In Arkansas, in most instances, 80 percent of the money goes to the prosecutors and police departments while 20 percent goes to the state’s Crime Lab Equipment Fund. Critics call this “policing for profit” and argue that police have a vested interest in stopping or watering down any reforms to civil asset forfeiture law.

In 2018 in Washington and Benton Counties, only two individuals ended up going to trial in an attempt to regain their property. At least one represented himself in court. Both failed to get their property back.

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

2019-04-21 Officials Agree Arkansas’ Forfeiture Law is Unfair

Hawaii Attempts to Reform Civil Asset Forfeiture Laws

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honolulu-996344_1920-300x200When Marilou Chin fell asleep on 5 March 2011, she didn’t suspect anything bad would happen. Her son, Brandon, took her Mercy Mountaineer so he could head over to meet a friend in Pearl City near Honolulu in Hawaii. Brandon was arrested later that night for burglary.

A witness claimed to have seen Brandon breaking into Olivia’s Lounge, the bar where he was going to meet his friend. Brandon himself claimed, however, he was simply trying to use the bathroom. The police found a crowbar in the SUV and lock-picking equipment in the door to the bar.

Brandon was arrested and kept overnight. The next day, he was released. Brandon was never charged with any crime, but that did not stop the police from seizing the SUV. They were able to do so using a process known as civil asset forfeiture. This is a legal procedure where law enforcement agencies may take possession of an individual’s property if it is suspected of being involved in a crime. No criminal conviction is required for property to be taken. Additionally, police need only demonstrate that “a preponderance of the evidence” suggests the property is connected to a crime to be able to seize it. This is far below the “beyond a reasonable doubt” required in criminal cases.

In Hawaii, law enforcement agencies currently receive 100 percent of the proceeds of forfeitures: 50 percent goes to the attorney general while the prosecuting attorney and the police receive 25 percent each. Agencies use the proceeds of forfeitures to fund their own operations, leading to accusations of “policing for profit.”

Marilou was a provider of care to the elderly and used her vehicle as transport for her work. “I almost lost my business because I had no transportation,” she said. “It’s not fair that they took the car for nothing.”

Although she attempted to have her vehicle returned to her, the state’s attorney general’s office determined that there was, in fact, enough evidence to seize Marilou’s car permanently. They valued her car at $8,000 and auctioned it off.

There have been several attempted to reform civil asset forfeiture law in Hawaii before. In 2016, then-Senator Will Espero (D-‘Ewa) argued reform was needed. It’s a basic policy call on whether one believes that the government has the right to take a citizen’s property or belongings without a conviction,” he said at the time. “From my perspective, they should not.”

Last week, HB 748, which would reform civil asset forfeiture in the Aloha State, passed through the legislature and is now been sent to Governor David Ige for approval. The bill would change the law so that asset forfeiture would only apply in the case of felonies where the property owners themselves have been convicted of a crime.

Describing civil asset forfeiture as “government-sponsored theft,” the bill goes on to state, “An injustice anywhere is a threat to justice everywhere, and the purpose of this Act is to end civil asset forfeiture without conviction, which undermines the fair administration of justice and the rule of law.”

If it becomes law, HB 748 will come into effect on 1 July 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

2019-04-29 Asset Forfeiture Reform Measure On Ige’s Desk

2016-01-06 Civil Asset Forfeiture In Hawaii – Crime Deterrent Or Legalized Theft?

Idaho State Police Seize Hemp Worth $1.3 Million Using Civil Asset Forfeiture

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rope-1149730_1920-300x200In January, Denis Palamarchuk, age 36, was driving a semitruck when he was pulled over by police. The truck contained nearly 7,000 pounds of hemp. Law enforcement arrested Palamarchuk on a drug trafficking charge and also seized both the hemp and the truck using civil asset forfeiture.

While law enforcement officers believed the material in the truck to be marijuana, Palamarchuk attempted to explain that it was, in fact, industrial hemp. Although cannabis and hemp are closely related plants, hemp contains only a small amount of the psychoactive agent which makes cannabis so potent. Industrial hemp is used in a wide variety of products, including foods, beauty products, and rope. In December 2018, President Trump signed the Farm Bill which made hemp legal federally.

Big Sky Scientific—the company Palamarchuk was working for—were able to prove the product in the truck was indeed hemp. This was later confirmed by tests commissioned by the Idaho State Police.

Law enforcement officers seized the truck and hemp using a process known as civil asset forfeiture. This is where police may take possession of an individual’s property if it is suspected of involvement in a crime. In Idaho, the standard of proof for civil forfeitures is low, only requiring law enforcement show the property was involved in a crime by “a preponderance of the evidence.” This is far short of the “beyond a reasonable doubt” required in criminal cases. Additionally, no criminal conviction is required for police to permanently seize property.

Since police in Idaho can receive up to 100 percent of the proceeds of civil asset forfeiture, there is an incentive for law enforcement to conduct seizure. This is known as “policing for profit” by critics of civil forfeiture. Additionally, law enforcement agencies in the state are not required to report forfeitures, so there is little oversight on the process.

While hemp is now legal at a federal level, it is still banned in Idaho. Attempts by the Idaho legislature to legalize year have failed although a bill which would offer protections to out-of-state truckers transporting industrial hemp through the state is still working its way through the legislature.

The current situation, where Idaho state law is at variance with federal law, “creates a big problem right now because now we have this split,” explained Ian Stewart of the Wilson Elser Cannabis Law practice based in Los Angeles.

In March, Chief Magistrate Judge Ronald Bush of the U.S District Court for Idaho handed down a decision saying that the hemp found in the truck was not protected by federal law as it had not been grown in compliance with the 2018 Farm Bill. As such, the state would be allowed to keep both the hemp and truck. Big Sky Scientific’s lawyer has appealed this decision, and it will be heard by the Ninth Circuit Court of Appeals in due course.

Earlier this year, the U.S. Supreme Court ruled the excessive fines clause of the Constitution applied at the state level. In this particular case, it could be argued that the seizure not only of a semitruck but also of $1.3 million of a product that is legal in all the states bordering Idaho may constitute an excessive fine. In addition to the civil asset forfeiture procedure, Palamarchuk is facing five years in prison for trafficking drugs.

“There should be some mitigation here. This is not drug running in the classical sense,” said Stewart. “Even the trial judge… seemed to sympathize, frankly, with the plight of Big Sky [Scientific], but more importantly, with the driver.”

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

2019-02-13 ISP Files to Seize, Sell Truck in Hemp Case, as U.S. Supreme Court Frowns on Practice

Pennsylvania Police Went on Civil Asset Forfeiture “Shopping Spree” According to Judge

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philadelphia-1740685_1920-300x241On March 23, 2016, police arrested Christopher “Bmore” Hawkins, age 46, of Spring Garden Township, Pennsylvania on drug charges. Hawkins was caught attempting to sell heroin to two informants. As part of his plea bargain, Hawkins pleaded guilty to several charges including “possession with intent to deliver heroin” in order to receive a prison sentence between four and eight years.

During a search of his house, law enforcement officials seized several items. These included televisions, a 1996 Dodge Neon, and a 2004 Mercedes-Benz CLK. Police were able to take possession of Hawkins’ property using a procedure known as civil asset forfeiture. This is where police are allowed to seize a person’s property or assets if they are suspected of being involved in a crime.

I recently reported on the heavy-handed use of civil asset forfeiture in Pennsylvania and, in particular, in the city of Philadelphia. In one case, police tried to seize Norys Hernandez’ home when her nephew was found to be dealing drugs on the property. While Hernandez did, eventually, get her property back, it took several years for the case to be settled.

Civil asset forfeiture disproportionately affects low-income communities. Since asset forfeiture is a civil and not a criminal process, there is no right to counsel. Innocent owners have to pay for a lawyer to retrieve their property—something which is beyond the means of many.

While there have been recent attempts to reform asset forfeiture in the state, there are still few protections for property owners. Also, up to 100% of the proceeds from forfeitures go to law enforcement to fund their programs. This has led to accusations of “policing for profit,” i.e., that the police are incentivized to seize property.

A York County judge last week agreed. While he agreeingHawkins was a criminal, Judge Craig Trebilcock criticized the York County Drug Task Force’s actions. There was no evidence linking the items seized from Hawkins’ home to criminal activity, wrote Trebilcock. The police, rather, went on “shopping spree, for the benefit of their budget, based solely on the property’s value.”

Trebilcock stressed that Hawkins’ was not an isolated case. “It is important to note, however, that overzealous forfeiture actions by the Drug Task Force in the time frame of this case have not been isolated in nature,” he wrote. Looking at other seizures, the judge noted that officer of the Drug Task force “disproportionately seized” game consoles and big-screen televisions in people’s homes.

Responding to Trebilcock’s opinion, District Attorney Dave Sunday said reforms to civil asset forfeiture are a key priority for him. “When I make changes to things or I adapt processes and procedures, it is not an indictment on past practices,” he said. “We constantly strive to become better at everything we do.”

Among the changes Sunday has implemented, civil forfeiture cases are now screened by Senior Deputy Prosecutor John Hamme. Hamme—who reports directly to Sunday—helps provide oversight and can answer law enforcement’s questions. If property is deemed to have been taken outside of what Hamme feels are appropriate parameters, it is automatically returned to the owner.

Sunday has also persuaded county commissioners to pay for two more detectives to be assigned to the Drug Task Force in order to alleviate the idea that the task force is funded by forfeitures. Finally, Sunday has stopped law enforcement from compelling people from agreeing to asset forfeiture as part of extending a plea arrangement.

Sunday stresses his changes are not designed to eliminate civil asset forfeiture in York County. “We cannot swing this pendulum so far that we forget why we’re doing this in the first place. We can adapt based on best practices,” he said. “But at the same time, we will continue to seize money and seize assets from drug dealers.”

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

2019-03-26 York County Judge Criticizes Drug Task Force Seizures, DA Reforming