POLICING FOR PROFIT: Feds try to take innocent elderly couple’s Mom-and-Pop motel

NOBAMA 2012! Repeal Obamacare!

Published on Oct 31, 2012 by

The most contentious civil forfeiture fight in the nation will be the subject of a week-long trial starting Monday, November 5, 2012, in Boston. Throughout the week, the Institute for Justice, which represents the property owners in the case, will expose the ugly practice of civil forfeiture—where law enforcement agencies can pad their budgets by taking property from innocent owners who have never been convicted or even charged with a crime.

The trial will start at 10 a.m. at the John Joseph Moakley U.S. Courthouse, 1 Courthouse Way in Boston. The case of Tewksbury, Mass., motel owner Russ Caswell and his wife will be presided over by Magistrate Judge Judith G. Dein in Courtroom 15. At the heart of the trial will be the protections afforded innocent owners, like the Caswells, when faced with the loss of their property.

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.

“The Caswell case epitomizes everything that is wrong with our nation’s civil forfeiture laws,” said Scott Bullock, senior attorney at the Institute for Justice. “People who are never even charged let alone convicted of criminal wrongdoing can face the loss of their homes, cars, cash, or, like with the Caswells, their entire business and livelihood.”

“This outrageous forfeiture action should never have been filed in the first place,” said Larry Salzman, an IJ attorney. “What the government is doing amounts to little more than a grab for what they saw as quick cash under the guise of civil forfeiture. Our goal in this case is to not only spotlight the inevitable abuse that transpires when law enforcement agencies are allowed to use civil forfeiture, but to set a precedent that will end this nightmare for the Caswells and stop an abuse of power that has ruined the lives of too many innocent Americans.”

Russ said, “I think it is quite obvious why the federal government has come after us and not other businesses. We own a million-dollar property with no mortgage, so anything they get here, they get to keep for themselves. This case took a huge financial toll on our family before the Institute for Justice stepped up to defend us. And it continues to put a huge personal strain on both me and my wife. At this point in our lives, we should be thinking about our retirement. Instead, we have to take on this fight to save our business and make sure that it won’t happen again to the next generation that comes along.”


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4 Responses to POLICING FOR PROFIT: Feds try to take innocent elderly couple’s Mom-and-Pop motel

  1. I never heard of this type of S**t before; I understand about “eminent domain” (another type of legalized fraud, but this is confusing. Hope that IFJ countersues the living S**t out of the Gov’t.

    • upaces88 says:

      They are picking on those who are not wealthy enough to stand up to them…Hopefully, a large law firm will take on the case for them. A smaller law firm will fail. I’ll explain why.
      I worked for law firms. When any smaller law firm is involved “defending” someone…the LARGE LAW FIRM uses a tactic of “Papering them to death” … meaning…they will send them so much paperwork, pleadings to file in court for a rebuttal…that they will break them financially.
      I know because I worked on the Tate McCain vs. Ford Motor Company law suit.
      McCain DID try to DEFRAUD Ford for his accident that HE was guilty for NOT Ford.
      We had McCain’s small law firm so busy filling out paperwork, that they finally settled out of court.

      And, NO, I am not for big business; but this specific case was filed by a Judge in a small town in Texas that became overly confident because he “was” a judge. PAPERING THE SMALL BUSINESSMAN is the way big business OR governments do to either punish OR to take over land.

  2. upaces88 says:

    Obama smoked a damn crack pipe.
    This is all part of Agenda 21 and I apologize…I am so overwhelmed with this evil…just plain ol’ evil.
    They have NEVER done anything but work to keep a family business and that’s it!

  3. coffeeandsleeplessnights says:

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