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Forfeiture of money to FBI allowed

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A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.

In James E. Turner v. Attorney General of the United States of America, 4:05-CV-0081-PRC, James Turner pro se filed a motion in 2005 in an attempt to get back the seized funds. The money was confiscated from the driver of a car Turner was a passenger in, and the driver told police the $12,000 was Turner's money. The Newton County Prosecutor filed a motion to transfer the seized property to the FBI under forfeiture proceedings per 21 U.S.C. Section 881. Turner posted bond after the arrest, and a warrant was issued for his arrest for failure to appear. He was later taken into federal custody for several drug trafficking offenses unrelated to his arrest in Newton County.

In Turner's complaint, he alleges no formal notice of the forfeiture was filed or presented to him and that the FBI should have known he was in federal custody at the time the organization mailed notices to him of the administrative forfeiture proceedings.

The United States District Court for the Northern District of Indiana, Hammond Division, dismissed the case, holding Turner was estopped from asserting the claim because the statute of limitations had expired. The 7th Circuit vacated the dismissal and remanded the case.

Magistrate Judge Paul R. Cherry granted the FBI's motion to dismiss Turner's complaint Sept. 29, finding the FBI took reasonable steps and met the constitutional standard of due process in Mullane v. Central Hanover Bank & Trust, Co., 339 U.S. 306, 314 (1950), to provide Turner with notice.

The FBI sent written notice to Turner regarding his opportunity to object to the forfeiture proceedings by certified mail to two different residential addresses but both notices were returned. The FBI also sent a copy of the notice to the attorney who represented Turner in the Newton County misdemeanor case, but the attorney replied that he didn't represent Turner. The FBI published notice of its intention to claim the property in The New York Times for three consecutive weeks.

Those actions were enough to meet the constitutional standards; however, in this case, the FBI went above those actions by searching the National Crime Information Center database, which didn't show Turner was in federal custody at the time of the search. The database only showed his failure to appear in Newton County. There was always the possibility that an arresting agency failed to report or delayed reporting the arrest in the NCIC, which happened in this case.

This case is notable because the FBI was unaware he was in federal custody and took additional efforts to locate Turner in order to provide him notice when it learned its first efforts to notify him failed, wrote the magistrate judge.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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