civil forfeiture woes

Posted on: Tue, 07/10/2007 - 14:14 By: Tom Swiss

The following tale of civil forfeiture woes was sent in by an anonymous correspondent. (Well, I guess someone who leaves a phone number isn't really anonymous...) I've cleaned up typos but otherwise this is as received. If anyone has leads please contact the querent. (I've already suggested contacting FEAR.)


On 12/04/06 I was served a forfeiture summons. I responded back to it on 12/14/06. IC 34-24-1-3.states that the state has 90 days from that date to file with the courts. They filed with the courts on 4/10/07. Do the math, that's 117 days from receiving my response to file. That is a state law in Indiana. How come the state can break these laws and take our hard working money? They forfeited my money yesterday. On 7/09/07. What can I do the system is failing me. I have not been convicted of any crime. How can they DO THIS..........CAN ANYONE HELP ME. The ICLU won't, who will? I need help. You can contact me if you have any advice at (317)246-7059. Please...I have all the paper work on this in my possession.

People who are found not guilty of crime should be punished equally within the guidelines of a predetermined penalty.

Forfeiture creates disturbing imbalances when attaching punishment to crime. Suspect criminals who have assets are treated very differently to suspect criminals who have nothing. Forfeiture targets assets not criminals and it does not prevent crime.

When Prophet was found not guilty of drug dealing then did the forfeiture of his home (http://www.simonprophet.com.) send out a clear message to drug gangsters?

The police statistics in South Africa indicate that the civil forfeiture of his home actually promoted the particular drug crime of which he was accused by a staggering 7 500% increase within 4 years.