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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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