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The Fourth Circuit’s recent decision in U.S. v. McClellan makes clear that unwillingness or inability to use a bank account does not necessarily make someone a criminal, and that the government needs evidence of wrongdoing before seizing and keeping assets, say Robert Johnson and Caroline Grace Brothers at Institute for Justice.
8 posts published by Dark Helmet, Mike Masnick, Tim Cushing, Gretchen Heckmann, and Karl Bode on August 29, 2022
It's not often you see a civil forfeiture case handled by an appeals court. Most cases are never given their day in court. Many go completely unchallenged. The evidentiary bar for the government is low and the obligations placed on those whose property has been taken is high. Most people can't afford to fight forfeitures,…
Posts about dereck mcclellan written by Tim Cushing
Posts about civil forfeiture written by Tim Cushing and Techdirt