Pubdate: Tue, 13 Mar 2001
Source: Augusta Chronicle, The (GA)
Copyright: 2001 The Augusta Chronicle
Contact:  725 Broad Street, Augusta, GA 30901
Fax: (803) 722-7403
Website: http://www.augustachronicle.com/
Forum: http://augustachronicle.com/cgi-bin/ubb/Ultimate.cgi?action=intro
Source: Augusta Chronicle, The (GA)
Author: Sandy Hodson
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

REQUEST OF SUSPECT REJECTED

Judge rules car's seizure in drug bust has not caused enough harm to 
warrant its return to ex-official

Veteran real estate agent and former county commissioner Paul William Hiers 
was unable to persuade a judge Monday to make federal agents return - at 
least temporarily - his car seized during a drug arrest.

Mr. Hiers, 55, has not been convicted or indicted on criminal charges, and 
an arrest warrant against him and Arthur W. Edwards was dismissed by 
federal prosecutors. Mr. Hiers and Mr. Edwards, who died in December, were 
arrested Oct. 31 in what law enforcement officers contend was a reversed 
sting - in which suspects attempt to buy instead of sell drugs. They were 
accused of conspiring to possess and distribute 2.2. pounds of cocaine.

On Monday in U.S. District Court, Mr. Hiers' attorney, Pete Theodocion, 
asked U.S. Magistrate Judge W. Leon Barfield to order the government to 
return Mr. Hiers' 1991 Mercedes Benz.

"Of course you can go out and buy another vehicle," Mr. Theodocion said, 
but it is unfair to put a person in that position, he said.

Government agents took Mr. Hiers' vehicle under the civil forfeiture law, 
which allows for the seizure of property and any assets deemed to be used 
in or purchased as a result of illegal activity. A criminal conviction is 
not required. Agents also seized $226,000 in cash from Mr. Edwards and 
filed notice of their intention to take two homes owned by Mr. Edwards.

Mr. Hiers asked the judge Monday to return his vehicle pending the outcome 
of the government's civil forfeiture proceedings. Under a new law that 
became effective in August, a person can seek the return of property if 
hardship would otherwise result pending final disposition.

Mr. Hiers testified the Mercedes, valued at about $34,000, was an asset in 
his business because it makes a positive impression on prospective 
customers. Since agents seized his car, he also has had to spend about 
$3,700 to rent and otherwise borrow vehicles to use on the job, he testified.

Under cross-examination, Mr. Hiers said he has continued his work of 
selling property and estimated his income, before taxes and expenses, at 
$60,000 to $70,000 since Oct. 31.

Assistant U.S. Attorney James Coursey countered that the new federal law 
envisions returning property only if the seizure of it causes substantial 
hardship.

Judge Barfield denied Mr. Hiers' motion, saying Mr. Hiers' ability to sell 
property and earn commissions in the past four months indicates the 
Mercedes' seizure has not caused him substantial harm.

Judge Barfield said whether the government can prove its case by a 
preponderance of the evidence is unknown.

The Civil Asset Forfeiture Reform Act became law in April after a 
seven-year struggle in congress. It became effective in civil forfeiture 
cases Aug. 23.

The law, among other things, creates an innocent owner defense to civil 
forfeiture; makes the government prove a forfeiture is right by a 
preponderance of evidence; extends the time to file a claim against a 
forfeiture action from 10 days to 30 days; and allows property to be 
returned to the owner pending final disposition if it would result in hardship.
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MAP posted-by: Terry Liittschwager