More Civil Forfeiture

This kind of thing really has to stop:

LIMA — Two robbers who broke into Luther Ricks Sr.’s house this summer may have not gotten his life savings he had in a safe, but after the FBI confiscated it he may not get it back.

Ricks has tried to get an attorney to fight for the $402,767 but he has no money. Lima Police Department officers originally took the money from his house but the FBI stepped in and took it from the Police Department. Ricks has not been charged with a crime and was cleared in a fatal shooting of one of the robbers but still the FBI has refused to return the money, he said.

“They are saying I have to prove I made it,” he said.

Because Ricks had some pot in the house, the government’s position is that they can take the money under civil forfeiture rules — even though Ricks has not been charged with or convicted of any crime. The burden of proof is on Ricks; he must prove the money is legally his, and that he is innocent of wrongdoing. The FBI, the story notes, will likely want receipts; since Ricks and his wife accumulated their nest egg over a working life — he’s 61 — it’s a pretty good bet they don’t have every single pay stub.

Due process? Justice? Neither apply in forfeiture cases. Does this bother you? It should.

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