Wednesday, October 12, 2011

Crime pays for police: Civil Forfeiture Gone Wild

The Boston Herald reports:
Russell and Patricia Caswell are a hard-working couple who may soon have their American Dream taken from them by the unholy alliance of local and federal law enforcement officials seeking to cash in on the Caswell’s property.

The Caswells face this dilemma even though they have broken no law and have spent their entire professional career working to combat crime with the very police force that now seeks to take their property though civil forfeiture. What is happening to Russ and Pat, however, is by no means an isolated instance and local law enforcement’s end-run around state laws designed to end the abuse of civil forfeiture should give anyone who owns Massachusetts property pause.

The Caswells have owned and operated the Motel Caswell in Tewksbury for more than 30 years. They took it over from Russ’s father, who built it in the 1950s. The motel is mortgage-free and the Caswells expected it to provide for their retirement. And it is precisely because they don’t owe on the property that they now face the loss of their life’s work.

The U.S. Drug Enforcement Agency and Tewksbury Police Department plan to take the entire property — worth well over $1 million — because on some 30 dates since 1994 guests staying at the motel have been arrested for drug-related crimes. During that period, the Caswells have rented more than 125,000 rooms.

The government doesn’t claim that the Caswells are guilty of any crime. The government only says that federal civil forfeiture laws give them the power to take the property.
An article well worth your time. We'd like to thank loyal reader V.D. for the heads up on this one. Russell and Patricia Caswell will be defended by Institute for Justice, an organization that deserves your financial support. Check out the video down below.