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Feds agree to return $1.1 Million in pot proceeds seized... Called highway robbery with badges.
(cross posted at General Discussion)
A Pennsylvania armored car company has settled its lawsuit that accused the San Bernardino County sheriff of illegally seizing over $1 million in cash it was transporting from medical marijuana businesses
SAN BERNARDINO, Calif. -- A Pennsylvania armored car company has settled its lawsuit that accused the San Bernardino County sheriff of illegally seizing over $1 million in cash it was transporting from medical marijuana businesses.
The settlement for no financial compensation announced Friday allows Empyreal Logistics to resume services after two transports of money were stopped and cash was seized in November and December, The Sun of San Bernardino reported.
Deputies said in a search warrant that there was probable cause a felony had been committed when the vehicle was stopped Nov. 16 and $700,000 was seized.
Although California is one of 37 states that allow medical use of marijuana and one of 18 that legalized its recreational use, the drug remains illegal under federal law.
Under federal civil forfeiture laws, if law enforcement had been entitled to seize the money as proceeds of a crime, San Bernardino County would have been able to keep 80% of the cash and the federal government would get the rest.
The settlement for no financial compensation announced Friday allows Empyreal Logistics to resume services after two transports of money were stopped and cash was seized in November and December, The Sun of San Bernardino reported.
Deputies said in a search warrant that there was probable cause a felony had been committed when the vehicle was stopped Nov. 16 and $700,000 was seized.
Although California is one of 37 states that allow medical use of marijuana and one of 18 that legalized its recreational use, the drug remains illegal under federal law.
Under federal civil forfeiture laws, if law enforcement had been entitled to seize the money as proceeds of a crime, San Bernardino County would have been able to keep 80% of the cash and the federal government would get the rest.
https://abcnews.go.com/US/wireStory/armored-car-company-settles-suit-1m-pot-sale-84565552
Earlier article:
Sheriffs Team Up With The Feds To Hold Up Armored Car Company, Civil Forfeiture Makes It Possible
Highway robbery with badges. That is what Empyreal Logistics, a national armored car company, has been the victim of multiple times within the last year. Five times, drivers with the company have been pulled over for flimsy reasons with officers seizing the cash they were transporting on behalf of customers a total of three times.
No one has been arrested or charged with a crime, but if law enforcement is successful in using civil forfeiture to take the money, they will be able to spend it on themselves. The fact that the seizures defy state and federal laws is why “highway robbery” is the correct way to characterize what is going on.
It started this summer in Kansas. Empyreal Logistics provides secure cash transit for state-legal cannabis businesses. A driver was on their way to Kansas City, Missouri to pick up money from medical cannabis dispensaries when they were pulled over by a Kansas sheriff’s deputy. The driver was not cited for anything and truthfully told the deputy about their business in Kansas City.
On the return trip the next day, a deputy pulled over the car and seized $165,000. The driver wasn’t ticketed or arrested. The funds were handed over to the federal government, with the U.S. Attorney for Kansas filing a civil forfeiture action to take all of it. Under the federal “equitable sharing” program, the sheriff’s office could get up to 80% of the proceeds if the government wins.
No one has been arrested or charged with a crime, but if law enforcement is successful in using civil forfeiture to take the money, they will be able to spend it on themselves. The fact that the seizures defy state and federal laws is why “highway robbery” is the correct way to characterize what is going on.
It started this summer in Kansas. Empyreal Logistics provides secure cash transit for state-legal cannabis businesses. A driver was on their way to Kansas City, Missouri to pick up money from medical cannabis dispensaries when they were pulled over by a Kansas sheriff’s deputy. The driver was not cited for anything and truthfully told the deputy about their business in Kansas City.
On the return trip the next day, a deputy pulled over the car and seized $165,000. The driver wasn’t ticketed or arrested. The funds were handed over to the federal government, with the U.S. Attorney for Kansas filing a civil forfeiture action to take all of it. Under the federal “equitable sharing” program, the sheriff’s office could get up to 80% of the proceeds if the government wins.
https://www.forbes.com/sites/instituteforjustice/2022/02/03/sheriffs-team-up-with-the-feds-to-hold-up-armored-car-company-civil-forfeiture-makes-it-possible/?sh=1c42387e3851