Monday, May 21, 2012

 

 

 

 

 

 

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Federal & Local Law Enforcement Agencies Are Trying to Take A Family Owned Motel From Innocent Owners

From:
Institute for Justice

 
Caswell

IJ client Russ Caswell and his family have owned and operated the Motel Caswell in Tewksbury, Mass., for two generations.  The Caswells may have their property taken from them by local and federal law enforcement officials through a process known as “civil forfeiture.”

Download the report: Inequitable Justice

Imagine you own a million-dollar piece of property free and clear, but then the federal government and local law enforcement agents announce that they are going to take it from you, not compensate you one dime, and then use the money they get from selling your land to pad their budgets—all this even though you have never so much as been accused of a crime, let alone convicted of one.

That is the nightmare Russ Caswell and his family is now facing in Tewksbury, Mass., where they stand to lose the family-operated motel they have owned for two generations.

Seeking to circumvent state law and cash in on the profits, the Tewksbury Police Department is working with the U.S. Department of Justice to take and sell the Caswells property because a tiny fraction of people who have stayed at the Motel Caswell during the past 20 years have been arrested for crimes.  Keep in mind, the Caswells themselves have worked closely with law enforcement officials to prevent and report crime on their property.  And the arrests the government complains of represent less than .0005 percent of the 125,000 rooms the Caswells have rented over that period of time.

Despite all this, the Caswells stand to lose literally everything they have worked for because of this effort by federal and local law enforcement officials not to pursue justice, but rather to police for profit.

How widespread is the problem of civil forfeiture abuse nationwide?  In 1986, the year after the U.S. Department of Justice’s Asset Forfeiture Fund was created—the fund that holds the forfeiture proceeds from properties forfeited under federal law and available to be paid out to law enforcement agencies—took in just $93.7 million.  Today it holds more than $1.6 billion.

The Institute for Justice, a national public interest law firm that fights civil forfeiture abuse nationwide, is now representing the Caswells in defense of their property and their constitutional rights.


Essential Background

 

Images

Backgrounder: Federal & Local Law Enforcement Agencies Try to Take Family Motel from Innocent Owners

 

Client Photo

 

Client Video

Related Video: Policing for Profit

Launch Release: IJ Challenges “Policing for Profit” in Massachusetts (October 4, 2011)

   
 

Legal Briefs and Decisions

 

Download: The complaintPDF

     
     

Case Timeline

Case Filed:

 

September 29, 2009

IJ Begins Involvement in Case:   September 15, 2011

Court Filed:

 
United States District Court for the District of Massachusetts

Decision(s):

 

none available

Current Court: 

 

United States District Court for the District of Massachusetts

Status:

 

Pending

Next Key Date:

 

November 8, 2011, Motion for Summary Judgment due (trial date to be determined).

     

Additional Releases

 

Reports, Maps, Charts and Facts

none available

 

Download Policing for Profit: The Abuse of Civil Asset Forfeiture

  Detail: State Forfeiture Grades and Map
   
 

 


 

 


 

 

 


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