Monthly Archives: January 2012

No Strings Attached: The Latest Expansion of the Lacey Act

Importers of plants and plant products have good reason to be concerned about running afoul of the Lacey Act given the uncertainty created by 2008 amendments making violations of foreign law regarding plants a basis for violations under the Act. 

Posted in Uncategorized

Enforcing the drug laws, VA sheriffs become addicted to cash

While Virginia lawmakers ponder a mediocre and possibly unconstitutional set of reforms to Virginia’s asset forfeiture law, two Virginia sheriffs face prosecution over their abuse of forfeiture funds. Yesterday in Halifax County, investigators served search warrants at a fourth bank,

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Posted in Drug War, states

“Should you seize the diamond rings?” Ohio prosecutor John Ferro explains Ohio’s forfeiture law

John Ferro, the prosecuting attorney for Stark County, Ohio, gave the following presentation on asset forfeiture under Ohio law (Ohio Revised Code Title 2981) at the 2011 Law Enforcement Conference held by Ohio Attorney General Mike Dewine. The presentation is here (it

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Posted in states

New York’s Horrific Forfeiture Proposal

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

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Posted in states

“The sheriff can do whatever he wants with his money”

We’ve covered the prosecution and sentencing of Joe Frank Garza, the Texas prosecutor (79th district) who was ostracized for spending over $2 million dollars from his personal forfeiture slush fund. Now, an audit has revealed that the local sheriff’s office

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Posted in Drug War, federal, states

Virginia’s Ill Conceived Reforms

  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

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Posted in federal, states

The Motel Caswell and the Red Carpet Inn

The Tewksbury, MA Police Department and the US Attorneys Office are persisting with a civil asset forfeiture claim of the Motel Caswell. They allege that controlled substance violations and numerous narcotics investigations are tied to Russell Caswell’s property. The investigations

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Posted in Drug War, federal

A warning to California Landlords

Despite complying with the directives of the Office of the US Attorney, Mr Farshid Ezazi is still facing the loss of his property by civil forfeiture. Ezazi was pressured into evicting the Marin Alliance for Medical Marijuana (MAMM) by the Office of US Attorney,

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Posted in federal, states

US Attorney Ronald Machen on his office’s budget: “Don’t ask, we won’t tell”

Continuing in the tradition of unelected bureaucrats who operate with virtual independence from the confines of democratic governance or even the boundaries of the law comes United States Attorney Ronald Machen of the US Attorney’s Office of the District of

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Posted in federal

Another member of SCORE to plead guilty of theft

Third member of elite Kansas City Kansas police unit, SCORE, scheduled to plead guilty next week to stealing from suspects during raids. Agents from SCORE were accused of pilfering property from suspects-adding their personal touch to forfeiture. Members of the

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Posted in states

Piracy in Virginia

The Washington Post recently ran an editorial denouncing the treatment of Victor Ramos Guzman and the process by which Mr Guzman and the parishioners of his church, Nuevo Renacer, were relieved of their money by the Virginia State Police. We recommend

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Posted in federal, states