Pubdate: Sun, 03 Jun 2012
Source: Augusta Chronicle, The (GA)
Copyright: 2012 The Augusta Chronicle
Contact: http://chronicle.augusta.com/help/contact
Website: http://chronicle.augusta.com/
Details: http://www.mapinc.org/media/31
Author: Kyle Martin

PROPERTY SEIZED IN DRUG FORFEITURES IS ON THE RISE

Property seized in drug forfeitures is on the rise

The number of civil drug forfeitures filed to date in the U.S.
Southern District of Georgia Court has already outpaced the total
number of cases in 2011.

Five cases requesting a combined $74,693 in cash and a Suzuki
motorcycle are pending through May 31, compared to the four cases
filed each year from 2008 through 2011.

The civil cases are filed under a United States code that allows law
enforcement to seize money or property "intended" to be furnished or
used to violate the Controlled Substance Act. Unlike criminal
forfeiture, which is punitive in nature and requested post-conviction,
a civil forfeiture does not require an indictment or criminal charge
before assets can be seized.

Such a case was filed May 15 and stems from a McDuffie County traffic
stop Oct. 19 on Interstate 20. According to the complaint, two
sheriff's deputies smelled marijuana coming from the car, and the
driver, William Ewell Jr., said he'd been arrested for misdemeanor
marijuana possession "back in the day." A search of the car found a
duffel bag that contained "a strong odor of raw marijuana" and a book
bag with marijuana flakes, but no drugs.

Deputies seized $15,252 in bundles of cash from the car that night,
which Ewell said was a payment to his Florence, S.C., business, Grind
Brothas. The next night, the same rental car was stopped and again the
odor of burnt marijuana was coming from the car, according to the
complaint. A passenger, Brittney Williams, was arrested on a charge of
misdemeanor possession of marijuana. Deputies seized $3,297 in cash
that night, for a combined claim of $18,549.

Shortly after the traffic stop, the Drug Enforcement Administration
"adopted" the money and eventually filed a claim through the U.S.
Attorney's Office in Savannah.

Messages left for Ewell through his Grind Brothas business were not
returned, nor did McDuffie County Sheriff Logan Marshall respond to
requests for comment.

Assistant U.S. Attorney Jim Durham gave several explanations for the
increased number of civil forfeitures this year. Durham said an
assistant U.S. attorney is now dedicated to asset forfeiture and that
there have been fewer settlements before a case is filed.

He added that state and local law enforcement are turning more
frequently to the U.S. Attorney's Office for assistance because they
have fewer resources to handle forfeitures.

Durham defended civil forfeitures as a method for collecting
contraband if a defendant cannot be prosecuted because he or she is
out of the country or deceased. It's also a tool to seize assets if an
arrest occurs before a big investigation is concluded, Durham said.

But civil rights advocacy groups protest that civil forfeitures are in
direct contradiction to the U.S. Constitution. The Fifth Amendment
says that no one is to be "deprived of life, liberty, or property,
without due process of law."

"You're literally guilty until proven innocent," said David West, a
Marietta, Ga., forfeiture attorney.

Under civil forfeiture law, the claimant must prove that the money had
a legitimate purpose. Sometimes it's a drug dealer who is willing to
count the cash loss as a business expense. Other times it's someone
involved in a major transaction, such as the purchase of a vehicle.

The reasons defendants give for carrying large sums of cash vary. An
Aug. 18 traffic stop in Washington, Ga., yielded $10,073 in cash from
a car driven by Gregore A. Gordon. Gordon, who was out on bond at the
time on charges of possession of marijuana with intent to distribute,
said the cash came from the sale of pit bull puppies and his music
business. No drugs were found in his possession that day.

On Oct. 14, Richmond County deputies seized $31,000 from a car stopped
on I-20. The driver, Antonio Cuin, said the cash consisted of
"gambling proceeds" and his life savings over the past four years.
Deputies said they found traces of marijuana, but not enough to
collect or test, along with a text message in Cuin's phone that
contained references to marijuana. He was not arrested.

Some forfeitures include drug charges, as was the case with a Richmond
County traffic stop on July 7, 2010, on Mike Padgett Highway. Marcus
Scurry was arrested on an outstanding warrant and a charge of
possession of marijuana after deputies said they found 2.5 grams of
marijuana on the passenger side floor board. Scurry said he had
$17,520 in cash because banks are a waste of time, according to court
papers.

Lee McGrath, legislative counsel for the Institute for Justice, said
making claims in civil court lowers the burden of proof from "beyond a
reasonable doubt" to "the preponderance of the evidence."

"Every American knows in his heart that someone is innocent until
proven guilty," McGrath said. "Forfeiture law flips that on its head."
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