Civil Forfeiture used to confiscate $1M motel from innocent owners

[rambone]

The Federal (and local) Government can seize property from owners if it was suspected to be related to a crime, then sell it and reap the profits for themselves. The owners don't have to be convicted or even CHARGED with a crime.


The Institute for Justice Challenges "Policing for Profit" in Massachusetts

Russ and his family have owned and operated the Motel Caswell in Tewksbury, Mass., for two generations. The motel, which Russ’ father built and the Caswells own free and clear, was supposed to provide for Russ and his wife’s retirement. But now, the Caswells may have their million-dollar property taken from them by local and federal law enforcement officials through a process known as “civil forfeiture.” If law enforcement officials succeed, the Caswells would end up with nothing and the law enforcement agencies would split the bounty through a process called “equitable sharing” in which the local agency would get 80 percent of the proceeds and the federal government would keep the rest. This money could be used to pad the budgets of police and prosecutors’ offices, thus giving it a direct financial incentive not to pursue justice, but rather to “police for profit,” which is exactly was is going on in the Caswell case.

http://www.youtube.com/watch?v=FcQlF-zDEL0

 

[mrjarrell]

Just another example of theft by the boys in blue and their lapel grabbing barons in the courts. Anything for a buck. They need some new toys and overtime.

 

[Zoub]

The Federal (and local) Government can seize property from owners if it was suspected to be related to a crime, then sell it and reap the profits for themselves. The owners don't have to be convicted or even CHARGED with a crime.

So can the DNR.

Drink a beer, shoot a deer, ride a moped to work on Monday. Man needs laws.

 

[RockofStrength]

So can the DNR.

Drink a beer, shoot a deer, ride a moped to work on Monday. Man needs laws.

 

[Zoub]

Does every post need a point? OK I will play along.


Point is don't get caught.

OR

Is this really news? Who didn't know about this?

 

[T.Lex]

A "mainstream" article on the subject:
TI • View topic - Motel Caswell

At the same time, the property is among the top three locations Tewksbury police have responded to this year alone -- an address that has found itself at the center of narcotics, prostitution, assault and rape cases over the years.

"It's a black eye to Tewksbury," Selectman David Gay said yesterday. "It's been a constant thorn in the town's side since I started living here 20 years ago. This couldn't come soon enough."

"I think even the townspeople who don't want to see change -- who want Tewksbury to stay the way it is -- won't be shedding tears over this," Selectman Scott Wilson added. "It has a very negative image in town ... yet it's almost the entryway into Tewksbury. I think it could be turned into something really nice."

Now, if it were really a nuisance, there are other ways to address it, but most of them end up with the property owner getting a fraction of the fair market value. But, dude should've either cashed in earlier, or done a better job of keeping out the drug dealers/prostitutes.

Just sayin'....

 

[RockofStrength]

A "mainstream" article on the subject:
TI • View topic - Motel Caswell



Now, if it were really a nuisance, there are other ways to address it, but most of them end up with the property owner getting a fraction of the fair market value. But, dude should've either cashed in earlier, or done a better job of keeping out the drug dealers/prostitutes.

Just sayin'....

So instead the police can just take his property without even paying for it? Eminent domain, overused and abused a Constitutional privilege as it is, at least requires payment. If it's such a "thorn" why not work with the owners to deal with the problem or else continue to use it as a convenient trawling net for scumbags? Why take it so that the government can make sure it goes to people who will use it for what they approve of?

 

[Seancass]

But, dude should've either cashed in earlier, or done a better job of keeping out the drug dealers/prostitutes.

Just sayin'....

Maybe he already was cashing in...

 

[Zoub]

So instead the police can just take his property without even paying for it? Eminent domain, overused and abused a Constitutional privilege as it is, at least requires payment. If it's such a "thorn" why not work with the owners to deal with the problem or else continue to use it as a convenient trawling net for scumbags? Why take it so that the government can make sure it goes to people who will use it for what they approve of?

I would prefer the true old west way of doing it, not Hollywood, but the way the West was really won. The local Citizens would just get their guns and go burn the damn thing down and shoot them all as they ran out, unless the owner had an equal or larger force to react with. Then they would elect the motel owner as their Senator and drink his booze.

If you have to drive a riding lawn mower in traffic to get to the liquor store, that is not my problem. My family has superior genes and we don't get caught doing crap that puts us in that situation.

 

[Plinker]

A "mainstream" article on the subject:
TI • View topic - Motel Caswell



Now, if it were really a nuisance, there are other ways to address it, but most of them end up with the property owner getting a fraction of the fair market value. But, dude should've either cashed in earlier, or done a better job of keeping out the drug dealers/prostitutes.

Just sayin'....

I don't approve of the way teenagers hang around your house and cause trouble at night. The police have been there at least once a month over the last year. Those old cars of yours parked in the front grass are bothersome to me and the other neighbors. Today I heard the police are going to seizie your home and are going to sell it and keep the proceeds themselves. Too bad for you, you should have straightened up a year ago.

</Hypothetical situation>

 

[RockofStrength]

I would prefer the true old west way of doing it, not Hollywood, but the way the West was really won. The local Citizens would just get their guns and go burn the damn thing down and shoot them all as they ran out, unless the owner had an equal or larger force to react with. Then they would elect the motel owner as their Senator and drink his booze.

If you have to drive a riding lawn mower in traffic to get to the liquor store, that is not my problem. My family has superior genes and we don't get caught doing crap that puts us in that situation.

ANARCHIST!

 

[Plinker]

I would prefer the true old west way of doing it, not Hollywood, but the way the West was really won. The local Citizens would just get their guns and go burn the damn thing down and shoot them all as they ran out, unless the owner had an equal or larger force to react with. Then they would elect the motel owner as their Senator and drink his booze.

If you have to drive a riding lawn mower in traffic to get to the liquor store, that is not my problem. My family has superior genes and we don't get caught doing crap that puts us in that situation.

Sounds like a good old fashioned lynch mob. Yahoo!

 

[rambone]

Trial begins

The trial of the Caswell family begins Monday. A few people who have rented rooms in their motel over the past 20 years have been arrested on drug charges. The Feds use that as their justification to confiscate the entire motel from the owners.

The Drug War is pure, unabashed tyranny on the American public.

http://www.youtube.com/watch?v=HGh-7LOzeHw

All Russ and his wife want is to peacefully operate their motel. But because their property was worth one million dollars and carried no mortgage, and because a handful of drug crimes had taken place on the property over 20 years (which represent less than .05 percent of the 125,000 rooms the Caswells rented over that period of time), the federal government is trying to take the Caswell's property through civil forfeiture, sell the land and keep the money. Under a process known as "equitable sharing," the federal government would keep 20 percent of what they net and the local police department would pocket 80 percent. Russ and his wife stand to lose everything they worked their lives to build.

 

[IndyDave1776]

The trial of the Caswell family begins Monday. A few people who have rented rooms in their motel over the past 20 years have been arrested on drug charges. The Feds use that as their justification to confiscate the entire motel from the owners.

The Drug War is pure, unabashed tyranny on the American public.

http://www.youtube.com/watch?v=HGh-7LOzeHw

With a justification like that , why don't they use the fact that at least a few criminals have driven Fords as a 'justification' to confiscate the Ford Motor Company?

 

[Expat]

With a justification like that , why don't they use the fact that at least a few criminals have driven Fords as a 'justification' to confiscate the Ford Motor Company?

Ford can afford better lawyers and more justice.

 

[Principal Skinr]

Just my humble opinion.....I think that they should have to at a minimum, pay him for it, but I'm not sure that's even right. If he's violating any laws by allowing it to be the hive of illegal activity, then charge him, get a conviction, and then fine him or jail him, but this isn't the way to handle it. I don't like civil forfeiture laws.

As I've aged, I've learned one lesson over and over, many times the hard way. There's always two sides to the story, and rushing to judgement after hearing only 1 side is often a mistake. We haven't heard the other side here, no matter how compelling the story we have heard. The story we heard was a nice, professionally produced piece...hmmm.....Not saying they are wrong, I'm just saying I won't get my underwear bunched too far up my crack by just hearing one side, as angering as this sounds.

 

[IndyDave1776]

Just my humble opinion.....I think that they should have to at a minimum, pay him for it, but I'm not sure that's even right. If he's violating any laws by allowing it to be the hive of illegal activity, then charge him, get a conviction, and then fine him or jail him, but this isn't the way to handle it. I don't like civil forfeiture laws.

As I've aged, I've learned one lesson over and over, many times the hard way. There's always two sides to the story, and rushing to judgement after hearing only 1 side is often a mistake. We haven't heard the other side here, no matter how compelling the story we have heard. The story we heard was a nice, professionally produced piece...hmmm.....Not saying they are wrong, I'm just saying I won't get my underwear bunched too far up my crack by just hearing one side, as angering as this sounds.

Generally, I will agree with the argument that there are two sides to a story. That said, under no circumstances is it acceptable to confiscate a business because some of its customers have been less than upstanding. Had the owner of this hotel done anything illegal he should have been charged with a crime. The fact that he has not been charged yet the effort is being made to seize his property stands in evidence that there are some people in the criminal (in)justice system who need relocated to the penitentiary.

 

[mrjarrell]

Victory!!!! The Caswell's get to keep their property, much to the chagrin of the law enforcement community. The thieving bastards got their asses handed to them by the Institute for Justice. Here's hoping this stands as a warning to the rest of the law enforcement community and they stop their thieving ways. Yeah, right. Who am I kidding? They'll likely redouble their efforts. But, for the moment, private property rights for the win!

The Institute for Justice

 

[surferfox72]

holy crap...what's wrong with or country? We r broken...please someone fix us

 

[indytiger]

Victory!!!! The Caswell's get to keep their property, much to the chagrin of the law enforcement community. The thieving bastards got their asses handed to them by the Institute for Justice. Here's hoping this stands as a warning to the rest of the law enforcement community and they stop their thieving ways. Yeah, right. Who am I kidding? They'll likely redouble their efforts. But, for the moment, private property rights for the win!

The Institute for Justice

Thank God for that.

Sounds like if it was up to a couple of (*%^#$) on this forum they would have been stuffed.

Amazed by several really idiotic comments.