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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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