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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsNew Orleans shoeshine man wins legal battle over $30K seized by DEA agents
Kermit Warren, an out-of-work shoeshine man from New Orleans, was carrying nearly $30,000 in cash through the airport in Columbus, Ohio, last November when federal drug agents stopped him and began asking questions.
Warren was returning home with his life savings after the purchase of a truck fell through. He had a one-way plane ticket, no luggage and he gave some shaky answers about himself and the cash, leading the agents to suspect that it was drug money.
Warren wasnt charged with a crime, but the agents seized all of his cash.
With his savings gone and the Covid pandemic depriving him of steady work, the longtime church deacon barely scraped by. He said he wasnt even able to buy his seven grandchildren Christmas gifts.
This last year has truly been a nightmare for me, said Warren, 58.
But this week, he received good news: federal prosecutors agreed to return all of his money and dismiss the case, according to a settlement agreement signed Thursday and obtained by NBC News.
It gives me a great amount of joy and peace, Warren said. What happened to me should never happen to anybody in this world.
https://www.nbcnews.com/news/investigations/new-orleans-shoeshine-man-wins-legal-battle-over-30-000-n1282629
lagomorph777
(30,613 posts)This is horrifying. Glad he got them to admit their "mistake".
Time to eliminate this open invitation for corruption.
WhiskeyGrinder
(22,357 posts)pecosbob
(7,541 posts)This has been happening all over the country for decades, really since the war on drugs began and police departments all across the country found a new and never-ending revenue source...highway robbery. Drive through Oklahoma sometime with a pocket full of cash and out of state plates and you'll see what I mean.
elleng
(130,974 posts)'federal prosecutors agreed to return all of his money and dismiss the case.'
rsdsharp
(9,186 posts)Is there a case for civil forfeiture?
cannabis_flower
(3,764 posts)The money! I know. Its crazy.
localroger
(3,629 posts)...and the Supreme Court (not the current stacked one, either) has upheld this bullshit.
NCjack
(10,279 posts)I have to pay interest.
dickthegrouch
(3,175 posts)NCjack
(10,279 posts)Response to dickthegrouch (Reply #6)
Chin music This message was self-deleted by its author.
MarcA
(2,195 posts)Ray Bruns
(4,098 posts)In my opinion, it is unconstitutional. Seizing someone's property without probable cause or warrant. Just "I think this is Drug money, so I am going to take it".
Total BS
Bayard
(22,099 posts)So, OF COURSE it was drug money!
localroger
(3,629 posts)When it comes to forfeiture theft, police are equal opportunity thugs.
XanaDUer2
(10,683 posts)The powers that be tell Americans to save. Then shit like this happens
Pepsidog
(6,254 posts)I have seen this law abused. The smart criminals will have a prepared story with backup evidence. I had 3 Jamaicans recently speeding late at night going to Atlantic City from Delaware when they were stopped by State Police who, of course, searched the car due to the smell of weed and found $10,000 cash. Asking where the money came from, the driver said he was meeting his boss in Atlantic City to give him the cash to gamble. When the cops called the boss to see if the story matched the boss confirmed he had sent them to retrieve the money and the cops didnt take the cash. I guess they didnt want to fill out the paperwork because they usually take the money and the burden and expense to hire an attorney falls on the owner of the money to get it back.
localroger
(3,629 posts)They depend on you not knowing the law and how quickly you have to move to preserve your rights, and how much money it is likely to cost if you don't have a lawyer on retainer.
Pepsidog
(6,254 posts)they have a unit specifically to churn out these lawsuits. Many times the defendant cant afford to fight both a criminal case and forfeiture. Had the cops taken my clients $10k and filed a civil forfeiture action it wouldnt be wise for him to pay me to fight the lawsuit. It would have ended up probably costing him about $10k in lawyer fees and even more in aggravation. My client was a drug dealer so he couldnt account for where the money came from. The only reason the cops did t seize it is because the story the driver told matched the bosses story when the cops called him from the side of the road. The boss was at the casino so the cops cut him a break.
MagickMuffin
(15,943 posts)But I'm sure Mr. Warren is delighted to see his savings again.
localroger
(3,629 posts)COL Mustard
(5,906 posts)Where the cops can legally seize money, property, etc. and you're not even charged with a crime.
I read an article in the Washington Post recently about an elderly couple in Philly whose house was seized because their grandson had sold drugs on the premises. The State filed suit against the property, and guess what...won. It's Kafkaesque.
Coventina
(27,121 posts)Reading just the headline, I was going to post a link to "Get Rhythm" as a celebration for him, but now it seems inappropriate.
However, I'm really glad he got his money back.
He's one of the rare lucky ones.....
on edit: typo
DFW
(54,405 posts)They supposedly are combating "money laundering," which to them means anyone with money is laundering it. So, they systematically go around to dealers of diamonds and gold (common in Belgium), seize everything they have, claim evidence of "money laundering," wait five or ten years, and of the owner hasn't died or emigrated in disgust, return what they feel like returning.
In one famous case, they seized the stock of a dealer in gem quality diamonds, gave him a receipt for the correct amount of carats, waited years, said, "oh, OK, you're innocent, after all," and returned the same amount of carats in industrial grade diamonds, worth about 5% of the value of what they had seized. I had lunch with the majority leader of the Belgian Senate a few years after that happened, and even she knew all about it, but said the central government was so weak, they had no power to act against the corrupt cops.
Another case that came to light was when a small dealer in gold got raided, accused (as always) of money laundering, and had his whole stock of 15 Kilo bars of gold confiscated. After five years or so,, the usual story: oh, OK, you're innocent after all. Here are your 12 Kilos back. When he protested that he had had 15 kilos, he was told to shut up if he didn't want another raid due to "new" evidence, or whatever their term was. This one came to light because the girlfriend of one of the dirty cops broke up with him in a less-than-amicable manner, and informed another brigade of cops, and told them where in her ex-boyfriend's apartment the stolen 3 kilos of gold were to found. That, obviously, was when that story busted open.
Even if you are not money laundering, but have untaxed income you want to hide, if you have friends on the inside, you get a pass. I personally know one guy (and he really is a nasty piece of work) who was/is part of a legit outfit, but was doing stuff for himself on the side for decades. He had (still has?) a good friend who was a cop, with whom he went hunting on weekends. He had hundreds of thousands of euros in cash stashed in his house when a raid came down on all the principles in his outfit. His cop friend arranged for the dogs that were sent to his house to be drug sniffers (the guy did no dope). There ARE dogs trained to sniff out the ink that is used to print currency, and can detect it if there are bundles of cash in one place. But those dogs were NOT sent to the guy's house, and so they never found his stash. It would stand to reason that he has moved his cash in the meantime (I haven't seen him in many years).
So, don't think that professional thieves in uniform are an American invention.
It came as no big surprise to Europe that it was in Belgium where child molester/murderer Marc Dutroux was left untouched for ten years because he "had friends in government." Indeed he did. The children that suffered at his hands between the time he was identified for what he was, and the time he was finally arrested and put away, are people that can never be compensated for what happened to them for no other reason than Belgian government corruption.