Civil Asset Forfeiture<\/B><\/P><\/DIV> <\/DIV>
Governments Seizes Ranch of Property Owners Wrongly Accused of Criminal Activity<\/B><\/P><\/DIV>
In September 1988, the federal government seized a 4,346-acre ranch owned by the Jones family in Glades County, Florida for allegedly allowing their property to be used as an aircraft-landing site by cocaine smugglers. The Joneses were innocent of any wrongdoing but were still deprived of the use of their land for six years.<\/p>\n
The controversy started when a twin-engine plane crashed in early 1986 on land a quarter of a mile from the Jones ranch. The plane’s occupants were killed and no drugs were found in the wreckage. But law enforcement authorities believed the plane was heading to the Jones ranch and seized their property even though neither member of the Jones family or the Joneses’ employees were charged with a crime. Under current civil forfeiture laws, the federal government can seize the assets of suspects without a hearing, a trial or even an arrest. The government can often keep the assets of suspects even after they are found innocent or their cases are dropped without an arrest.<\/p>\n
Because the government would not return the ranch, the Jones family went to court but it took five years before their case finally went to trial. In May 1994, U.S. District Judge William Hoeveler found for the Joneses, ruling that "fundamental rights of ownership and the loss of those rights" were at the core of this case.<\/p>\n
"In the understandable zeal to enforce the criminal laws constant vigilance must be exercised to protect the rights of all – especially those who may be caught up in a net loosely thrown around those who are guilty," noted Judge Hoeveler. He ruled, [It was] "questionable whether this forfeiture action ever really had a valid basis."<\/p>\n
While the Joneses were awarded attorneys fees and costs, they were not compensated for the considerable damage to their property. For the six years the government held the ranch, the Joneses were prevented from maintaining the property. Current law does not allow the Joneses to sue the government for damage to their land.<\/p>\n
Source: Office of U.S. Rep. Charles Canady<\/p>\n
Federal Marshals Unjustly Seize $300,000 Home from Rightful Owners<\/B><\/P><\/DIV>
In June 1990, Susan Davis, a certified public accountant in Fort Lauderdale, Florida, was named the personal representative for the estate of George Gerhardt who had died of cancer that year. That estate included a $300,000 home.<\/p>\n
In September, Gerhardt’s heir called Davis to inform her that U.S. Federal Marshals had seized the house. An amazed Davis asked officials the reason for the seizure and was told that a "confidential informant" who was in prison claimed that George Gerhardt told him that in 1988 drug dealers paid Gerhardt $10,000 to unload drugs on his property.<\/p>\n
It took nearly three years before the case went to court. During this time, the government kept control of the property and rented it. Leading up to the trial, the government refused reasonable requests to provide basic information it claimed justified the seizure until the court threatened sanctions for withholding information. When the case finally went to trial, it only took one day for U.S. District Judge James Paine to rule against the government’s seizure. Apparently, an acquaintance of Gerhardt used his property to smuggle drugs when Gerhardt was out of the country on vacation. Every witness listed by the government stated that Gerhardt had no knowledge of the incident.<\/p>\n
Davis said the legal fight to return the Gerhardt house to its rightful owner ended up costing more than $40,000. But that still wasn’t the end of the matter. The person to whom the government rented the house refused to leave. Davis and the Gerhardt heir had to hire yet another attorney to evict the recalcitrant tenant.<\/p>\n
"It does not seem right to me that the government should have the right to confiscate an innocent person’s property based on nothing more than the hearsay claim of some unnamed person in prison on criminal charges," says Davis.<\/p>\n
Source: Testimony of Susan Davis before U.S. House of Representatives Judiciary Committee, June 11, 1997<\/p>\n
Innocent Man Loses Business and Home for Unknowingly Transporting Drug Trafficker<\/B><\/P><\/DIV>
For 13 years, Billy Munnerlynn and his wife operated an air charter service in Las Vegas, Nevada. The couple had never committed any crime in their lives. Indeed, they were both recognized for performing extensive charity work in the Las Vegas area using their planes to assist charity groups on various missions.<\/p>\n
Then one day Munnerlynn unknowingly transported a convicted cocaine dealer transporting a large sum of cash. Even though Munnerlynn knew nothing about his client’s illegal activities and was never charged with a crime, the federal government seized his $500,000 jet, closing his once thriving business.<\/p>\n
During the years he operated his charter service, Munnerlynn flew a wide variety of clients, including movie stars, gamblers from foreign countries and even U.S. Marshals transporting terrorists to prison. So there was nothing unusual when a client named Albert Wright chartered a seemingly routine flight from Little Rock, Arkansas to Ontario, California. But soon after the plane arrived in California, U.S. Drug Enforcement Administration (DEA) agents arrested Munnerlynn and his passenger, who was carrying $2.7 million in his luggage. It turns out that the DEA had been pursuing Wright for several weeks because he was a narcotics trafficker. Although he knew nothing about Wright’s criminal activities, Munnerlynn was charged with violating the RICO law and thrown in jail for more than seven hours.<\/p>\n
The criminal charges against Munnerlynn were eventually dropped but he still had to file a civil lawsuit to force the government to return his Lear jet. After a two-and-a-half year legal battle, which cost Munnerlynn most of his life savings, the government returned the jet – but in such a state of disrepair that it would require $140,000 to fix.<\/p>\n
But that wasn’t the end of his problems. The DEA had put Munnerlynn on a list of possible drug runners and money launderers which prevented him from finding supplemental work flying for air transport companies. He was forced to file bankruptcy and lost both his business and his home. He is now working as truck driver to earn a living.<\/p>\n
Source: Office of Rep. Henry Hyde<\/p>\n
African-American Businessman Nearly Loses Business for Paying for Airline Ticket in Cash<\/B><\/P><\/DIV>
Willie Jones, the African-American owner of a Nashville landscaping business, thought he was making a routine purchase when he bought an airline ticket at the Nashville airport on February 27, 1991. Little did he know this purchase would lead to a two-year legal nightmare with the federal government that nearly cost him his business.<\/p>\n
Jones paid cash for the ticket to Houston, where he planned to purchase plants and shrubbery for his business. But by paying in cash, Jones immediately aroused suspicions that he was a drug dealer. Carrying large amounts of cash and being an African-American apparently fits the U.S. Drug Enforcement Agency’s (DEA) profile of such a criminal.<\/p>\n
The ticket agent alerted the Nashville police who detained Jones and proceeded to search his luggage. The search yielded no drugs but police were suspicious of the $9,600 he had in his wallet. Jones insisted that the money was for buying plants for his business. But after a sniffing police dog detected trace amounts of drugs on the cash, the police seized Jones’s money.<\/p>\n
The seizure nearly drove Jones out of business. Although he was never charged with a crime, the DEA would not return his money unless he posted a $960 bond which he could not afford. Jones sued the DEA for discrimination based on race. In April 1993, a federal judge ordered the government to return Jones’s $9,600, ruling that trace amounts of drugs on currency is so common that it can hardly be used as an excuse to seize someone’s money. It turns out that 97% of all U.S. currency has a chemical condition that could falsely indicate a trace amount of drugs.<\/p>\n
Source: Statement of Rep. Henry Hyde before the U.S. House of Representatives Judiciary Committee, July 22, 1996<\/p>\n
Federal Agents Destroy Innocent Man’s Boat in Drug Search<\/B><\/P><\/DIV>
On April 9, 1989, U.S. Customs Services agents boarded a sailboat purchased by Craig Klein, a university professor in Jacksonville, Florida. Their objective was to conduct a search for illegal drugs. Federal agents wielding axes, power drills and crowbars nearly destroyed Klein’s $24,000 boat in a fruitless attempt to find drugs. They dismantled the engine, ruptured the fuel tank, and drilled more than 30 holes in the hull – half below the waterline.<\/p>\n
Although innocent of any wrongdoing, the Customs Services refused to compensate Klein for wrecking his new boat and he was forced to sell it for scrap. It was only after the incident came to the attention of some U.S. Congressmen that the Customs Service finally felt compelled to pay Klein $9,100 – still only one-third of the boat’s total value.<\/p>\n
Source: Statement of Rep. Henry Hyde before U.S. House of Representatives Judiciary Committee, July 22, 1996<\/p>\n
Act of Kindness Results in Criminal Charges, Loss of Savings<\/B><\/P><\/DIV>
Dr. Richard Lowe is a 72-year-old family physician in the small Alabama town of Haleyville. He is a highly-regarded member of the community who provides free medical services to the poor and charges his paying customers only $5 for a routine office visit. He even donated nearly a million dollars to a local private school to keep it from closing when it experienced financial difficulties.<\/p>\n
It was this act of charity that led federal prosecutors to seize Lowe’s entire life savings of $2.5 million. The reason? Government officials mistakenly believed that he was engaged in a criminal effort to hide ill-gotten gains from the government.<\/p>\n
Lowe’s story began in 1988 when he and his friend, Joseph Lett, president of First Bank in nearby Roanoke, established the Chambers County Educational Fund (CCEF). Lowe deposited his life savings of $2.5 million in the CCEF account and directed that all the interest go to the Chambers Academy, a private kindergarten through twelfth grade school that was on the verge of bankruptcy. The interest plus another $456,000 contribution from Lowe, totaling more than $908,000, enabled the school to retire its debt and keep its doors open.<\/p>\n
In late 1990, Lowe decided to deposit more than $315,000 in the CCEF account. Lett then went to several area banks purchasing cashier checks with Lowe’s money and crediting the checks to the CCEF account.<\/p>\n
Some banks thought Lett’s transactions were unusual and reported it to federal authorities. The FBI and the U.S. attorney claimed that the bank and Lowe were attempting to "structure" the deposits in such a way to avoid financial reporting requirements mandated by the government. In June 1991, the government seized not only the $315,000 deposited but also Lowe’s entire CCEF account of $2.5 million. A few months later, Lett and his son were indicted for failing to follow currency-reporting laws. Lowe was indicted on the same charge two years later.<\/p>\n
But Lowe’s lawyer discovered that there was nothing illegal in Lett’s financial transaction, which were simply aimed at transferring money into the education charity fund. In 1994, the government dismissed the case against Lowe. Even though Lowe was exonerated of any wrongdoing, he had to fight the government for another two years just to get his money back.<\/p>\n
While the story did end in a victory, the five-year struggle caused so much anguish for the doctor that at one point he had to be hospitalized for stress.<\/p>\n
Source: Testimony of E.E. Edwards before the U.S. House of Representatives Judiciary Committee, June 11, 1997<\/p>\n
<\/A><\/p>\nAmericans with Disabilities Act
<\/B><\/P><\/DIV> ADA Regulations Impose Glass Ceiling<\/B><\/P><\/DIV>
All Debbie Shaffer wanted to do was find a new location for her rapidly growing interior design firm. But after coming face-to-face with the unreasonable demands of the Americans with Disabilities Act (ADA), she abandoned her plans, costing her an estimated 50% increase in new business.<\/p>\n
Shaffer had been operating DGS Interiors from her home in Walla Walla, Washington for eight years when she decided in 1995 that it was time to find a choice downtown location. She located a 1,500 square-foot space consisting of a main floor for retail sales and a raised mezzanine that could serve as both an office and a design studio.<\/p>\n
But when contractors informed Shaffer of the extensive renovations she would have to make to meet ADA regulations, she realized that this seemingly simple plan would not be so simple – or inexpensive. The problem was with the mezzanine which was not handicapped-accessible. Shaffer says that would not have posed any problem because all she had to do was simply come downstairs to show prospective disabled clients her decorating samples.<\/p>\n
But according to ADA regulations, this would constitute special treatment that unfairly discriminated against the handicapped. To bring her prospective office up to code, Shaffer would have had to spend an additional $150,000 to install an elevator, widen the building entrances and doorways, and build handicapped bathrooms. Shaffer had no choice but to abandon her expansion plans.<\/p>\n
"I couldn’t afford it." She estimates that the downtown location could have generated a 50% increase in business but the ADA regulations were just "too overwhelming."<\/p>\n
Says Shaffer, "I have a great amount of support for people with any kind of disability, having grown up with a deaf sister. But the government takes it too far."<\/p>\n
Source: Debbie Shaffer<\/p>\n
Motel Owners Sued For ADA Violations After Installing Handicapped-Accessible Rooms<\/B><\/P><\/DIV>
When Karla and Richard Hauk of Wall, South Dakota converted two of their rooms at their newly-opened Days Inn into handicapped-accessible rooms, they thought they were doing the right thing to help the disabled. But their act of kindness only generated a U.S. Justice Department lawsuit alleging violations of the Americans with Disabilities Act (ADA) that almost drove the couple out of business.<\/p>\n
When the Hauks opened their motel in July 1993, their motel was the first one in Wall to provide handicapped-accessible rooms. But instead of praising the Hauks for their voluntary efforts on behalf of the disabled, the U.S. Justice Department claimed the couple should be sued because they didn’t make their rooms handicapped-accessible enough. Specifically, the government argued that because the Hauks had converted their two-story motel into a three-story motel when they installed a whirlpool in the basement, ADA regulations required that they also spend another $100,000 on an elevator so the handicapped could reach every floor.<\/p>\n
In addition, the government ordered the Hauks to spend even more money widening the bathroom doors in the non-handicapped rooms. According to the government, "If someone uses a wheelchair [to visit] another guest in a non-accessible guest room, he or she will not be able even to enter the bathroom in that room."<\/p>\n
The couple was nearly driven out of business by the government’s lawsuit. Besides the renovation costs, the Hauks were also threatened with $50,000 in fines. As the motel could earn only $20,000 to $25,000 a year, there was no way they could have fought the suit in court. Eventually, the Hauks settled with the government by agreeing to make $30-$50,000 worth of changes to driveways and sidewalks. Says their lawyer, Kim Ruckdaschel-Haley, "Karla and Richard in good faith thought they were doing everything they could."<\/p>\n
Source: Karla Hauk
<\/p>\n
<\/A>Rails-to-Trails<\/B><\/P><\/DIV> County May Require Homeowner to Pay $30,000 for Access to Her Own Land<\/B><\/P><\/DIV>
For more than 20 years, Vicki Beres and her family have lived on a scenic lakefront property in Sammamish, Washington. But their once quiet and tranquil lifestyle will soon be lost because the county government is building a public bike and horse trail across their property that will be used by thousands of people per day. The county has not only refused to compensate them for taking their land, but wants to charge the Bereses as much as $30,000 just to have the right to cross the trail to get to their boat dock.<\/p>\n
This regulatory taking can be traced to an abandoned 113-year-old railroad that runs through the properties of Beres and 425 other homeowners who live along the eastern shore of Lake Sammamish. When the railroad was constructed in 1886, private property owners were required to give part of their land as an easement to the company. But the land was still considered to belong to the property owners. Under federal law, when a railroad is abandoned, the land should have automatically reverted to the current owner.<\/p>\n
But after Burlington Northern Railroad stopped using the line in 1996, instead of returning the land to the residents, the company sold it to a local land conservancy group which then sold it to King County a few years later. The county immediately began building a 16-foot-wide trail that cuts through the yards of the homeowners. The trail will include a bike path, a jogging path and even a horse trail that will be used by up to 5,000 people per day. Residents are very upset about the trail because it will force them to dodge thousands of bicyclists and horses while trying to use their driveways and reach their boats. Beres says the railroad was far more preferable as it was only used by a slow-moving freight train once or twice a week.<\/p>\n
Beres is even more upset that the county wants to charge each resident thousands of dollars in special permit fees just to be able to use their driveways and footbridges that pass through the trail. In the Beres’ case, they could possibly have to pay the county as much as $30,000 for a five-year permit.<\/p>\n
Beres and her neighbors have been forced to spend close to $2 million on lawsuits in an attempt to stop the county from building the trail.<\/p>\n
Source: Vicki Beres<\/p>\n