this week’s opinion by Judge Lynn N. Hughes of the United States District Court for the Southern District of Texas in the forfeiture case of The United States of America v. $35,131.00 in United States Currency. Mr Carty briefly summarizes the decision:
Judge Hughes spanked Homeland Security for tricking an American family into “evading” their duty to report how much cash they were taking out of the country. It contains some very choice words. My favorite quote: “In addition to overreaching the people whom they are to serve, three officers wasted one-half day watching four others embarrass themselves.”
officer Agustin Hernandez from the Customs and Border Protection of the Department of Homeland Security asked Kyle how much currency and monetary instruments he had on him. Kyle responded that he did not know. Hernandez then asked how many dollars he was carrying; Kyle replied that he would guess around $20,200. Hernandez wrote $20,200 on the form. He told Kyle to sign it, and Kyle did.
Hernandez then took the family to another table where officer Charlesworth Clarke told them to put all of their currency on it. At that point, Kyle asked what counted as currency because he had traveler’s checks. From his six carry-on bags and jacket he retrieved everything – $20,000 in traveler’s checks and $11,131 in cash. Berekti, who had been tending to their daughter during the conversations, handed the officer her wallet. It had $9,000 in cash. The officers then frisked the Joneses and searched their bags, and found no additional money – however described.
The officers seized the entire $31,131 that the Joneses had voluntarily given them and released them from custody.
....
(Decision) United States demanded to seize the full amount even though, as the defense counsel mentioned, the recommended forfeiture for a conviction of criminal evasion would have been $500 to $5,000. The United States must pay the $35,131 to Kyle Jones and Berekti Jones and their attorney’s fees and costs of court.
http://www.powerlineblog.com/archives/2012/04/united-states-v-35131.php
Outside of the bogus entrapment so they could grab the cash to add to the party fund, we need to again wonder when the USA made it reasonable to have laws the likes of which haven't been seen since the iron curtain fell.
Edit: I just noticed that the judge tacked on an extra $4000 outside of the legal fees.
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