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Documents: Feds Stymying State Civil Forfeiture Reform Efforts by Cutting Off Funds
IJ Calls on Federal Law Enforcement Agencies to End Their Efforts to Halt Civil Forfeiture Reform Arlington, VA—A cache of documents uncovered by the Institute for Justice today demonstrate that federal law enforcement officials in the Departments of Justice (DOJ) and Treasury are collaborating with local law enforcement organizations in California to undermine efforts to reform the state’s…
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Innocent College Student’s Life Savings Seized by Feds
Lawsuit Challenges Civil Forfeiture at Cincinnati/Northern Kentucky Airport Arlington, Va.—Carrying large amounts of cash is not a crime, yet thousands of Americans who do so are being treated like criminals. Law enforcement officials are using civil forfeiture to seize the cash of domestic travelers at airports, like 24-year-old Charles Clarke. Charles had $11,000 seized at…
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Facing Intense Pressure, IRS Drops Civil Forfeiture Case in North Carolina
Government Moves To Return $107,000 Seized From Innocent Small Business Owner; Refuses To Pay Interest Or Attorney Fees Arlington, Va.—Two months ago, U.S. Attorney Steve West told Lyndon McLellan that any attempt to garner publicity about his civil forfeiture case “doesn’t help. It just ratchets up feelings in the agency. My offer is to return…
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Judge Denies Motion to Dismiss Philadelphia Forfeiture Lawsuit
Philadelphia Must Defend Its Aggressive Forfeiture Laws in Court Philadelphia—In an important first step to protecting property rights in Philadelphia, late yesterday a federal judge denied the city’s and the District Attorney’s motion to dismiss the class-action lawsuit challenging its civil forfeiture laws. The ruling by Judge Eduardo C. Robreno of the Eastern District of Pennsylvania is…
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IRS Caught Violating Its Own Civil Forfeiture Policy; U.S. Attorney Tells Small Business Owner to Keep His Mouth Shut
Institute for Justice Joins Lawsuit to Defend North Carolina Small Business Owner Who Had $107,000 Seized by the IRS for So-called “Structuring” IRS Commissioner Told Congress that the Case is “not following the policy,” but Justice Department Presses On Fairmont, N.C.—Lyndon McLellan has spent more than a decade running L&M Convenience Mart, a gas station,…
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New Data Analysis Shows Revised Department of Justice Forfeiture Policy Would Stop Only a Fraction of Seizures
IJ Client and Attorneys to Tell Congress That Recent Reforms Are a Good Start, but Legislation Is Needed to Protect Americans’ Fundamental Rights Arlington, Va.—With Congress set to consider comprehensive reforms to the federal government’s civil forfeiture statutes on Wednesday, a new analysis reveals that the Department of Justice’s (DOJ) recently announced policy change curtailing federal…
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Comprehensive Federal Civil Forfeiture Reform Introduced in U.S. House and Senate
WASHINGTON—Today, Sen. Rand Paul, R-Ky., and Rep. Tim Walberg, R-Mich., introduced the Fifth Amendment Integrity Restoration Act of 2015. The FAIR Act would correct serious defects in current federal civil forfeiture law that place enormous burdens on owners faced with the loss of their property while permitting law enforcement officials to profit from forfeiture. The bill…
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U.S. Department of Justice Shuts Down Major Aspect of its Civil Forfeiture Program
Arlington, VA.—Marking an important shift in federal law enforcement policy, U.S. Attorney General Eric Holder announced today that the U.S. Department of Justice’s adoption program—which permits state law enforcement agencies to turn seized properties over to the federal government for forfeiture—will be suspended. But the Justice Department policy does nothing to limit the widely used…
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Feds Seize Long Island Family Business’ Entire Bank Account
Islip, New York—Imagine waking up one day to find out that the IRS had seized your entire savings, without ever charging you with a crime. Unfortunately, that nightmare is a reality for brothers Jeffrey, Richard and Mitch Hirsch. In May 2012, the federal government used a legal process called civil forfeiture to seize their entire…
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Feds Seize Family Restaurant’s Entire Bank Account
Arlington, Va.—In August 2013, the federal government used civil forfeiture to obtain a secret warrant to seize Carole Hinder’s entire bank account—totaling nearly $33,000—even though she did nothing wrong. Now Carole has teamed up with the Institute for Justice (IJ) to fight back in federal court. Read a Front Page New York Times Feature on Carole Carole has…