civil forfiture case
FBI=thieves
http://www.limaohio.com/story.php?IDnum=47047
quote:Man wants his $400K back from the FBI
Greg Sowinski | gsowinski@limanews.com - 12.18.2007
Luther Ricks Sr. sits in the living room of his Greenlawn Avenue home where authorities took more than $400,000 from him earlier this year following a fatal self-defense shooting in his house. The FBI now has his money and is refusing to give it back. (Photo by Matthew Hashiguchi)
LIMA ?_" Two robbers who broke into Luther Ricks Sr.?_Ts 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.
?_oThey are saying I have to prove I made it,?__ he said.
The 63-year-old Ricks said he and his wife, Meredith, saved the money during their lifetime in which both worked while living a modest life.
A representative of the FBI could not be reached for comment.
During the fatal shooting incident inside the house June 30, Ricks and his son were being attacked by two men and his son was stabbed. Ricks broke free, grabbed a gun and shot to death 32-year-old Jyhno Rock inside his home at 939 Greenlawn Ave.
Police originally took the money after finding marijuana inside Ricks?_T home, which Ricks said he had to help manage pain.
?_oI smoke marijuana. I have arthritis. I have shingles, a hip replacement,?__ he said.
Ricks, who is retired from Ohio Steel Foundry, said he always had a safe at home and never had a bank account.
American Civil Liberties Union of Ohio Legal Director Jeff Gamso said Ricks has a tough road ahead, not impossible, but tough to get back his money.
?_oThe law of forfeiture basically says you have to prove you?_Tre innocent. It?_Ts terrible, terrible law,?__ he said.
The law is tilted in favor of the FBI in that Ricks need not be charged with a crime and the FBI stands a good chance at keeping the money, Gamso said.
?_oThe law will presume it is the result of ill-gotten gains,?__ he said.
Still Ricks can pursue it and possibly convince a judge he had the money through a lifetime of savings. Asking the FBI usually doesn?_Tt work, he said.
?_oThe FBI, before they would give it up, would want dated receipts,?__ he said.
If the FBI does keep the money, it would be put toward a law enforcement use, if the city of Lima does not fight for it because the city discovered it, Gamso said.
Lima Law Director Tony Geiger said he has not been asked to stake a legal claim for the money.
http://www.limaohio.com/story.php?IDnum=47047
quote:Man wants his $400K back from the FBI
Greg Sowinski | gsowinski@limanews.com - 12.18.2007
Luther Ricks Sr. sits in the living room of his Greenlawn Avenue home where authorities took more than $400,000 from him earlier this year following a fatal self-defense shooting in his house. The FBI now has his money and is refusing to give it back. (Photo by Matthew Hashiguchi)
LIMA ?_" Two robbers who broke into Luther Ricks Sr.?_Ts 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.
?_oThey are saying I have to prove I made it,?__ he said.
The 63-year-old Ricks said he and his wife, Meredith, saved the money during their lifetime in which both worked while living a modest life.
A representative of the FBI could not be reached for comment.
During the fatal shooting incident inside the house June 30, Ricks and his son were being attacked by two men and his son was stabbed. Ricks broke free, grabbed a gun and shot to death 32-year-old Jyhno Rock inside his home at 939 Greenlawn Ave.
Police originally took the money after finding marijuana inside Ricks?_T home, which Ricks said he had to help manage pain.
?_oI smoke marijuana. I have arthritis. I have shingles, a hip replacement,?__ he said.
Ricks, who is retired from Ohio Steel Foundry, said he always had a safe at home and never had a bank account.
American Civil Liberties Union of Ohio Legal Director Jeff Gamso said Ricks has a tough road ahead, not impossible, but tough to get back his money.
?_oThe law of forfeiture basically says you have to prove you?_Tre innocent. It?_Ts terrible, terrible law,?__ he said.
The law is tilted in favor of the FBI in that Ricks need not be charged with a crime and the FBI stands a good chance at keeping the money, Gamso said.
?_oThe law will presume it is the result of ill-gotten gains,?__ he said.
Still Ricks can pursue it and possibly convince a judge he had the money through a lifetime of savings. Asking the FBI usually doesn?_Tt work, he said.
?_oThe FBI, before they would give it up, would want dated receipts,?__ he said.
If the FBI does keep the money, it would be put toward a law enforcement use, if the city of Lima does not fight for it because the city discovered it, Gamso said.
Lima Law Director Tony Geiger said he has not been asked to stake a legal claim for the money.
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quote:Originally posted by Frank Goad
try and picture if you will a pile of cash that was accumilated over the past say 30 years. I'm just curious what denomination were these bills? Were there any dated from back in the day when he earned them or started hording them? What did the guy do for a living? Does it appear that he is living within his means or live high on the hog somthing that might not seem tipical for others with the same employment or economic class? I dont know It sound to me like the guy was the victim and who cares if he smokes pot or not. The police were brought in to investigate the robbery and shootings Not because the man was suspected of getting high. They had no probable cause or warrents to search for drugs or any money etc...But who knows maybe the money belonged to the dead robbers and the pot smoker thought they were there to steel his weed so he shot em dead!!!
And they just happened to be carrying 400+k on them...?[:0][;)]0 -
, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Thank you James RK. If you want to bust the guy for pot posession go right ahead.
He was denied due process in the confiscation of his money.
I am surprised to see members of this forum applauding the curtailing of our constitutionally guarenteed rights. If you are willing to give up this right, you have no right to protest when the feds come and take your guns.0
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