Interesting story. Seems to be a bit dated, but at the link it looks like the court decision is getting close. This is the first i have heard of it , hopefully its not a repost.
Imagine you own a million-dollar piece of property free and clear, but then the federal government and local law enforcement agents announce that they are going to take it from you, not compensate you one dime, and then use the money they get from selling your land to pad their budgets—all this even though you have never so much as been accused of a crime, let alone convicted of one.
That is the nightmare Russ Caswell and his family is now facing in Tewksbury, Mass., where they stand to lose the family-operated motel they have owned for two generations.
Seeking to circumvent state law and cash in on the profits, the Tewksbury Police Department is working with the U.S. Department of Justice to take and sell the Caswells property because a tiny fraction of people who have stayed at the Motel Caswell during the past 20 years have been arrested for crimes. Keep in mind, the Caswells themselves have worked closely with law enforcement officials to prevent and report crime on their property. And the arrests the government complains of represent less than .0005 percent of the 125,000 rooms the Caswells have rented over that period of time.
Despite all this, the Caswells stand to lose literally everything they have worked for because of this effort by federal and local law enforcement officials not to pursue justice, but rather to police for profit.
How widespread is the problem of civil forfeiture abuse nationwide? In 1986, the year after the U.S. Department of Justice’s Asset Forfeiture Fund was created—the fund that holds the forfeiture proceeds from properties forfeited under federal law and available to be paid out to law enforcement agencies—took in just $93.7 million. Today it holds more than $1.6 billion.
The Institute for Justice, a national public interest law firm that fights civil forfeiture abuse nationwide, is now representing the Caswells in defense of their property and their constitutional rights.
Essential Background
Images
Backgrounder: Federal & Local Law Enforcement Agencies Try to Take Family Motel from Innocent Owners
Client Photo
Client Video
Related Video: Policing for ProfitLaunch Release: IJ Challenges “Policing for Profit” in Massachusetts (October 4, 2011)
Legal Briefs and Decisions
N/A
Case Timeline
IJ Begins Involvement in Case:
September 15, 2011
Additional Releases
Reports, Maps, Charts and Facts
none available
Download Policing for Profit: The Abuse of Civil Asset Forfeiture
Detail: State Forfeiture Grades and Map
Op-eds, News Articles and Links
[ame="http://www.youtube.com/watch?v=cirDxvuoZ8c"]Video:[/ame][ame="http://www.youtube.com/watch?v=cirDxvuoZ8c"] Forfeiture Abuse: Even Your Drums Aren't Safe From the Police;[/ame] (February 28, 2011)
[ame="http://www.youtube.com/watch?v=D20_y2OmrCI"]Video:[/ame][ame="http://www.youtube.com/watch?v=D20_y2OmrCI"] IJ's Scott Bullock discusses the Forfeiting Justice report;[/ame] (November 18, 2010)
[ame="http://www.youtube.com/watch?v=wQV2knaUCV4"]Video:[/ame][ame="http://www.youtube.com/watch?v=wQV2knaUCV4"] Fox Business: IJ's Scott Bullock discusses "policing for profit" with David Asman;[/ame] (August 10, 2010)
http://current.com/1285ikc
Imagine you own a million-dollar piece of property free and clear, but then the federal government and local law enforcement agents announce that they are going to take it from you, not compensate you one dime, and then use the money they get from selling your land to pad their budgets—all this even though you have never so much as been accused of a crime, let alone convicted of one.
That is the nightmare Russ Caswell and his family is now facing in Tewksbury, Mass., where they stand to lose the family-operated motel they have owned for two generations.
Seeking to circumvent state law and cash in on the profits, the Tewksbury Police Department is working with the U.S. Department of Justice to take and sell the Caswells property because a tiny fraction of people who have stayed at the Motel Caswell during the past 20 years have been arrested for crimes. Keep in mind, the Caswells themselves have worked closely with law enforcement officials to prevent and report crime on their property. And the arrests the government complains of represent less than .0005 percent of the 125,000 rooms the Caswells have rented over that period of time.
Despite all this, the Caswells stand to lose literally everything they have worked for because of this effort by federal and local law enforcement officials not to pursue justice, but rather to police for profit.
How widespread is the problem of civil forfeiture abuse nationwide? In 1986, the year after the U.S. Department of Justice’s Asset Forfeiture Fund was created—the fund that holds the forfeiture proceeds from properties forfeited under federal law and available to be paid out to law enforcement agencies—took in just $93.7 million. Today it holds more than $1.6 billion.
The Institute for Justice, a national public interest law firm that fights civil forfeiture abuse nationwide, is now representing the Caswells in defense of their property and their constitutional rights.
Essential Background
Images
Backgrounder: Federal & Local Law Enforcement Agencies Try to Take Family Motel from Innocent Owners
Client Photo
Client Video
Related Video: Policing for ProfitLaunch Release: IJ Challenges “Policing for Profit” in Massachusetts (October 4, 2011)
Legal Briefs and Decisions
N/A
Case Timeline
Case Filed:
September 29, 2009
IJ Begins Involvement in Case:
September 15, 2011
Court Filed:
United States District Court for the District of Massachusetts
Decision(s):
none available
Current Court:
United States District Court for the District of Massachusetts
Status:
Pending
Next Key Date:
November 8, 2011, Motion for Summary Judgment due (trial date to be determined).
Additional Releases
Reports, Maps, Charts and Facts
none available
Detail: State Forfeiture Grades and Map
Op-eds, News Articles and Links
[ame="http://www.youtube.com/watch?v=cirDxvuoZ8c"]Video:[/ame][ame="http://www.youtube.com/watch?v=cirDxvuoZ8c"] Forfeiture Abuse: Even Your Drums Aren't Safe From the Police;[/ame] (February 28, 2011)
[ame="http://www.youtube.com/watch?v=D20_y2OmrCI"]Video:[/ame][ame="http://www.youtube.com/watch?v=D20_y2OmrCI"] IJ's Scott Bullock discusses the Forfeiting Justice report;[/ame] (November 18, 2010)
[ame="http://www.youtube.com/watch?v=wQV2knaUCV4"]Video:[/ame][ame="http://www.youtube.com/watch?v=wQV2knaUCV4"] Fox Business: IJ's Scott Bullock discusses "policing for profit" with David Asman;[/ame] (August 10, 2010)
http://current.com/1285ikc