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Friday, January 25, 2013

Asset Forfeiture in Tewksbury


For John, BLUFThe Caswell Motel is free, at last.

The Caswell Motel wins against the Feds in an asset forfeiture case.  That was covered in this article in The [Lowell] Sun.

Here is Law Professor Glenn Reynolds on the issue, with a comment on the Federal Attorney, Carmen Ortiz, who lost this case.

Asset forfeiture is a powerful tool for law enforcement, but it is rife with possibilities for abuse.  That is where the Courts come in.  An independent Court system is a good thing.

While I don't expect to hear from "the other Cliff", his milage may differ.  My younger Brother, John, was involved in this at the periphery, a while back, working for BATF.  His job was to educate folks that you seize the copier, but not the copier paper.  You never seize the race horses.  You should avoid seizing the Chicken Ranch.  Asset forfeiture is an art form.

Regards  —  Cliff

1 comment:

Neal said...

The Caswell case is a case of Federal abuse that will become increasingly common in the next 4 years. AND...for Caswell.....it will NEVER be over. Once "the Feds" decide you are a goal, they will never give up. Next will be some trumped up IRS penalty, or some environmental charge. Of course, those actions will be without foundation, but it will bankrupt if not kill Caswell in the process of defending it. Against the US Federal Government, the citizen never wins the war and is only rarely conceded a single battle.