Forfeiture Cases Can Take Years, Even for the Innocent; Supreme Court May Help

Mackinac Center signs onto amicus brief in Salgado v. United States
January 6, 2020 | Facebook X Email Print
By Jarrett Skorup

Miladis Salgado is a Florida mom who had $15,000 seized and forfeited by the federal government. But she was never even charged with criminal activity. For two years, she fought in court and eventually had her property returned.

But, in the meantime, she spent a third of her life savings on legal fees. An innocent woman lost several years of her life and a lot of her money. She has no recourse to correct this wrongdoing by the government except to continue her fight in court.

The Institute for Justice has filed a petition with the U.S. Supreme Court asking them to rule that “when the government dismisses a forfeiture case it spent years litigating, the property owner from whom cash was taken has ‘substantially prevailed’ under [the law].” In practical terms, this means that if a person is not found guilty, the government cannot simply walk away in order to avoid having to pay them compensation for their time and legal efforts. The Mackinac Center Legal Foundation has signed on to an amicus brief in support.

In recent years, Michigan has made significant changes to its forfeiture laws. And the U.S. Supreme Court has recently ruled in favor of individuals, tightening the ability of law enforcement to use civil asset forfeiture.

Even though Michigan now requires the government to get a criminal conviction before they can forfeit someone’s property, the Salgado case could still have a significant effect here. Law enforcement can still tie up funds and assets for years: here’s one example. If the court rules in favor of Miladis Salgado, the federal government will be more limited in dragging out cases for years and not compensating individuals they can’t show to be guilty.

“The threat of paying attorneys’ fees is a critical check on government abuse,” noted Institute for Justice Senior Attorney Justin Pearson. “Otherwise, there is no disincentive to stop prosecutors from filing frivolous civil forfeitures against property belonging to innocent owners like Miladis.”

Related Posts:
Guy describes the living nightmare of the US government trying to seize his family’s motel | PCI DSS in a Colocation Environment: Roles & Responsibilities | How States Are Using the Courts to Fight Police Taking People’s Money and Property | Derek Cohen on Civil Asset Forfeiture Reform | Hobby Lobby’s $1.6 million Gilgamesh tablet has been forfeited to the U.S. | Intellectual Property Issues in Cloud & Data Center Services | U.S. prosecutors seek broader powers to seize Russian oligarchs’ asset | Police agencies forfeit millions after new law chokes off funds from asset seizures | Police cash confiscations still on the rise | Seizures of Bank Accounts | Man Has Life Savings Stolen By Civil Asset Forfeiture | Ensuring Compliance: A Guide to Key Data Center Standards and Regulations | Data Center Contracts & SLAs: Legal Drafting for Performance & Protection | Warrant of Arrest in Rem | The Heat: US Civil Asset Forfeiture Controversy Part 2 | Fighting Asset Forfeiture Abuse | Close the Federal Asset Forfeiture Loophole | State lawmakers try again to regulate data centers | Police Officer Arrested On Civil Asset Forfeiture Confusion | Key Legal Considerations in Data Center Service Agreements | Dallas Police Took $106,000 From a Traveler. They Haven’t Explained Why. | Data Privacy in the Data Center: A Guide to Compliance | Risk Assessments in Data Centers: Balancing Physical, Cyber, and Operational Threats | Civil Asset Forfeiture: An Overview & Conversation

You might be interested in:
Dirty, Sexy Civil Asset Forfeiture | Civil Forfeiture: Part Two | Understanding Your Rights in Civil Litigation | Business Asset Forfeiture Los Angeles – Rucci Law | News Paper Articles on Civil Asset Forfeiture Abuses | How the IRS seized a man’s life savings without ever charging him with a crime | Indiana Returns Land Rover Seized 7 Years Ago in Landmark Asset Forfeiture Case | A look into DHS asset forfeiture procedures | Albany district attorney, sheriff under federal review for use of funds | Why are innocent people still losing cash, cars and even homes to police? | Court Blocks Unconstitutional Government Seizure of Mongols Motorcycle Club Trademark | Federal Property Seizure – Rucci Law | Dallas Police Seized $100K In Cash From Love Field Traveler Using Civil Asset Forfeiture | Civil Asset Forfeiture | How to Avoid Asset Forfeiture in Oklahoma | Seized Business Assets – Rucci Law | This Week’s Civil Forfeiture Outrages: Do People Facing Forfeiture Get Due Process? | Tenant From Hell – DailyMail.uk | Report: Asset Forfeiture Distorts Police Priorities | Muskogee DA Drops $53K Civil Forfeiture Case | Asset Forfeiture Laws ‘Evil’ and ‘Unreformable,’ Say Former Justice Department Officials | How Cops Can Use Civil Asset Forfeiture To Get Your Stuff | How Civil Forfeiture Makes It Harder for Cops to Do Their Jobs | Federal Forfeiture Defense Strategies – Protecting Your Rights