Blog Archives

ACLU-New Mexico wins return of nearly $17,000 in egregious civil asset forfeiture attempt.

Posted on May 24, 2012 by Scott Alexander Meiner — No Comments ↓

Americans for Forfeiture Reform would like to commend the ACLU-New Mexico and staff for assisting with the return of nearly $17,000 unjustly seized from Stephen Skinner and Jonathan Breasher. Unfortunately, these forfeitures are commonplace. Their commonality springs from, among other things,…

St Charles County MO Sheriff’s Department is misusing asset forfeiture dollars

Posted on April 19, 2012 by Scott Alexander Meiner — No Comments ↓

The U.S. Department of Justice (DOJ), Office of the Inspector General, Audit Division, has completed an audit of the use of DOJ equitable sharing revenues by the St. Charles County, Missouri, Sheriff’s Department. The findings: The Sheriff’s Department miscalculated and…

U.S. District Judge Henry Autrey rules against the government in St Louis Art Museum forfeiture action

Posted on April 6, 2012 by Scott Alexander Meiner — No Comments ↓

U.S. District Judge Henry Autrey has granted a motion to dismiss the federal government’s civil forfeiture complaint against the St. Louis Art Museum’s Mask of Ka-Nefer-Nefer. Last week, Judge Autrey ruled that the Art Museum possessed sufficient Article III standing…

“Guessing is not a material omission or a misstatement of fact – certainly not one the government can use to steal the money….Our homeland will not be secure by these rascals. They played agency games, abused the people they are to serve, and violated their oaths to support the Constitution.”

Posted on April 5, 2012 by Scott Alexander Meiner — No Comments ↓

Earlier this week, US District Judge Lynn N. Hughes released a scathing denunciation of Customs and Border Protection agents for attempting to trick a family (Kyle Jones, Berekti Jones, and their daughter) into the civil asset forfeiture of their currency. Judge Hughes ordered…

Firearms and Forfeiture CLE

Posted on April 2, 2012 by Scott Alexander Meiner — No Comments ↓

Americans for Forfeiture Reform invites any interested individuals to the National Rifle Association’s 15th Annual National Firearms Law Seminar. The seminar will be held Friday, April 13th at the Renaissance St. Louis Grand Hotel, 800 Washington Avenue, St. Louis, MO. Registration is…

Tagged with: April 13, CLE, Firearms and Forfeiture, National Rifle Association, NRA, ROBERT DOWLUT, St Louis
Posted in Uncategorized

David House survives motion to dismiss on First and Fourth Amendment Claims

Posted on March 31, 2012 by Scott Alexander Meiner — No Comments ↓

United States District Judge Denise J. Casper ruled against the government’s motion to dismiss David House’s suit against the government. House, co-founder of the Bradley Manning Support Network, had his cell phone; laptop; flash drive; and video camera seized, without consent, by…

Tagged with: Bradley Manning, CBP, Customs, David House, Denise J. Casper, Laptop, seizure, Support Network
Posted in federal

Massachusetts suit challenges the permanent forfeiture of firearms without due process

Posted on March 29, 2012 by Scott Alexander Meiner — No Comments ↓

Commonwealth Second Amendment, Inc. has filed a lawsuit incorporating challenges to a Massachusetts state policy that facilitates firearm forfeitures without affording full due process considerations. The suit complains that the state has a policy permitting police departments to transfer confiscated guns to…

Tagged with: Commonwealth Second Amendment, due process, Firearms, forfeiture, guns, James Jarvis, Massachusetts, NRA, Robert Crampton, Russell Jarvis, Village Vault
Posted in states

They can take your money if you put it in a bank, too.

Posted on March 28, 2012 by Scott Alexander Meiner — 1 Comment ↓

An Alabama convenience store owner (of Maldi Ma Inc dba Palmer’s Quick Stop) has requested a jury trial in the civil action for forfeiture in rem against his defendant property, approximately $107,000, seized from his business account. The US Secret Service…

Tagged with: $107000, 10000, 3000, Alabama, civil forfeiture, CTR, Currency Reporting, FFIEC, Fincen, Money Laundering, Patel, The Federal Financial Institutions Examination Council, US Secret Service, Vijaykuma Patel
Posted in federal

FinCEN has announced that it is considering new regulations that could imperil the assets of millions of Americans

Posted on March 13, 2012 by Scott Alexander Meiner — No Comments ↓

The Financial Crimes Enforcement Network (FinCEN) has announced that it is considering requiring disclosure rules that could effect millions of Americans. The scariest proposal is that would require financial institutions to require disclosure from “all entities that are established or organized under…

Tagged with: Chapter 31, civil forfeiture, Criminal Forfeiture, Failure to report, Fincen, Prepaid, prepaid phone, reporting requirements
Posted in federal

Reforming the Lacey Act

Posted on March 8, 2012 by Scott Alexander Meiner — No Comments ↓

Americans for Forfeiture Reform is pleased to see U.S. Congressman Paul Broun, M.D. (GA-10) bring the Freedom from Over-Criminalization and Unjust Seizures Act (FOCUS) Act of 2012, H.R. 4171 to the floor of the House of Representatives. Senator Rand Paul (KY) introduced…

Tagged with: Gibson Guitar, Lace Act, M.D. (GA-10), NOAA, Paul Broun, Rand Paul, Ron Paul
Posted in Uncategorized

Scary Ruling From The 9th Circuit Court of Appeals: No Clear Title? Then Choose Between Your Liberty And Your Property

Posted on February 28, 2012 by Scott Alexander Meiner — 2 Comments ↓

The Ninth Circuit Court of Appeals has rejected Damon Louis’s appeal of a federal district court’s summary judgment for the government. The district court determined that Louis lacked standing to challenge the forfeiture action of the $133,420 seized from his rented…

Congress already passed a law that forbids the DOJ from taking the Motel Caswell. The DOJ is ignoring it.

Posted on February 19, 2012 by Scott Alexander Meiner — No Comments ↓

Congress passed the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), in part, to stop government agencies from using civil asset forfeiture as a leaner, and meaner, eminent domain. And while many of Henry Hyde’s reforms were watered down, or disposed…

U.S. Customs and Border Protection Wants Discretion To Eliminate Newspaper Notice

Posted on February 15, 2012 by Scott Alexander Meiner — No Comments ↓

U.S. Customs and Border Protection is seeking authority to eliminate requirements that it post notice of seizures in local and port newspapers. Current regulations require “administrative seizure and forfeiture notices for at least three successive weeks in a newspaper circulated at…

Tagged with: CBP, civil asset forfeiture, Customs Border Patrol, Dusenbery v US, forfeiture, Forfeiture.gov, Public Notice, Timely File, USCBP-2011-0022
Posted in federal

Objections to NY’s Revised Forfeiture Bill

Posted on February 14, 2012 by Scott Alexander Meiner — No Comments ↓

Daniel R. Alonso, Chief ADA in the NY County District Attorney’s Office has authored a rebuttal to Thomas O’brien’s concerns regarding New York’s new forfeiture bill. He points out that substantial process concerns have been added, at the suggestion of state prosecutors. He’s right. But that…

Tagged with: 2012-13, Article 62, Budget Bill, Criminal Forfeiture, forfeiture, New York, New York's Forfeiture Proposal, Objections, Part E, Warrantless
Posted in states

Notes on New York’s revised forfeiture proposal

Posted on February 13, 2012 by Scott Alexander Meiner — No Comments ↓

The revised version of New York’s post-conviction forfeiture proposal adds substantive process concerns echoing some of the good parts of CAFRA and addressing some of the criticisms that we’ve been leveling. The revisions still need work though. The revisions haven’t…

Tagged with: 2012-13, Article 62, Budget Bill, CAFRA, Criminal Forfeiture, forfeiture, Horton v California, Krimstock v Kelly, New York, New York's Forfeiture Proposal, Part E, Thomas O'brien, Warrant Language
Posted in states

Private, Subsidized Cartels

Posted on February 6, 2012 by Scott Alexander Meiner — No Comments ↓

ICE announced a record haul at the annual Immigration and Customs Super Bowl press conference. The joint press conference between the NFL, Immigration Customs Enforcement (ICE), and US Customs Border Protection (CBP) claimed $4.8 million in NFL related seizures, 307…

Tagged with: Carlos Linare, CBP, Chanel, Dajaz1, Dajaz1.com, forfeiture, ICE, Kent J. Dawson, NFL, Operation Fake Sweep, Puerto 80, Rojadirecta, Super Bowl
Posted in Uncategorized

Indiana is attempting to forfeit the piggy bank of a 10-year old child.

Posted on February 3, 2012 by Scott Alexander Meiner — No Comments ↓

The State of Indiana is attempting to block the return of a 10-year old’s piggy bank. The piggy bank was seized as part of a raid of Russell Hill’s home after Hill was stopped, relieved of his cash and vehicle,…

Tagged with: forfeiture, Gambling, Indiana, Piggy Bank, Russell Hill, Steve Sonnega
Posted in Uncategorized

Kortlander’s Stand

Posted on February 1, 2012 by Scott Alexander Meiner — 1 Comment ↓

The U.S. Government recently filed a 71 page motion to dismiss Christopher Kortlander’s suit asking for $188 million in damages from the United States of America. The government’s motion to dismiss will likely be successful. However, Kortlander’s ordeal warrants attention.…

New York’s Horrific Forfeiture Proposal

Posted on January 24, 2012 by Scott Alexander Meiner — 1 Comment ↓

New York Governor Andrew Cuomo has presented a bill to amend New York forfeiture laws as part of his 2012-2013 budget proposal. We categorically oppose the bill. The worst part of the bill would allow courts to forfeit any property…

Tagged with: A9255, Andrew Cuomo, civil forfeiture, Criminal Forfeiture, Cyrus R. Vance Jr., Ernestine Ward Cofield, New York, S6255
Posted in states

Virginia’s Ill Conceived Reforms

Posted on January 22, 2012 by Scott Alexander Meiner — No Comments ↓

Virginia Governor Bob McDonnell has announced support for proposed legislation from Virginia Senator Bill Carrico (SB325 and SB326, the Ensuring Proper and Streamlined Procedures for Virginia’s Asset Forfeiture Laws). The proposed legislation does not appear to provide anything particularly likeable for…