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Business Owner Russ Caswell and Attorney Scott Bullock discuss their case against the government in their civil asset forfeiture lawsuit.
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Great economist Murray Roth -- once said that the state has nothing but a gang of thieves writ large.
And -- -- -- -- truer words have never been spoken as the local police and government and troops very Massachusetts.
Are attempting to -- -- small business a hotel worth about a million dollars.
Money my next guest and his wife -- going to use for their retirement and money the state wants for its own coffers.
How -- this happen in America.
Joining me now -- the victim of those big government abuse Russell as well.
And his attorney from the Institute for Justice got -- Scott let me start with you first to make sure I have this straight.
The government is not trying to condemn this property.
And -- the fair market value for it under the Fifth Amendment.
They are trying to see is this property and pay your client nothing and do with that as they see fit.
That's exactly right judge they want to take the motel -- well away from Ross and his wife.
Sell what.
And then use the proceeds to pad their own.
Budgets and they are doing this not because mr.
has well has done anything wrong they admit He has done nothing wrong He has no criminal history whatsoever.
But because I handful of people at the motel over the course of the past twenty years have engaged in some illicit activities at a motel something that happens every motel and hotel.
In the country.
It is an outreach is abuse of power but it's something that happens when you give government this ability to -- -- and forfeit property right -- a criminal conviction or mr.
-- how do you feel about this as I understand your father built the motel you worked at -- since you were -- child.
You when you're like a wife have developed and and -- -- through good times and through bad.
And you planning to salad and use the proceeds to finance your retirement now the local cops and politicians wanna steal it from the how do you feel.
I feel terrible about it -- shark -- at these notices over this thing.
-- -- always worked with the police -- as much as we can they won't work with us they tell us absolutely nothing.
If we see him in the -- -- go to little room or whatever and talk to people -- -- arrest people I go up and ask them what -- going on.
Well what people -- whatever mr.
has a what's the worst thing that happened in that mode seller about a hotel that has the police trying to steal it from him.
I paid the mortgage off I guess as far as I can tell I mean I'm not saying and that's.
You know we don't get our share of bad people is no getting around of the sodas.
All the other hotels around there in The Home Depot parking lot up the street them and the -- spark a lot of history.
Which the police of both given warnings to both of those -- Got and they come -- to me was absolutely no warning no heads up.
Nobody from a town has ever contacted me be at the selectmen.
The town manager -- police chiefs all the way down nobody has ever contacted me.
About any problems at the motel of what we might -- it.
To maybe fix these.
Right scarlet they what is into law -- what is the lawyer Massachusetts and how of the courts interpret that lord surely.
Surely the government can't take property from someone who is innocent of a crime.
Because some third person was on the property when they may have committed a crime.
Well it's civil forfeiture laws in Massachusetts and throughout the country are very very broad.
And it's one of the reasons why civil forfeiture has to be done away with.
Criminal forfeiture after somebody is convicted of a crime if you wanna take away the property the He got illegally that can be widget and we're civil forfeiture is when the government takes -- people's property away from them regardless of whether or not they've been convicted of any crime or even arrested for an crack what are the most outrageous things about the Massachusetts case is that this forfeiture would probably be illegal under state law.
So the local police department transferred it to that.
Heads of and how the US attorney.
Is after the motel -- well I know going to split the proceeds.
Of this forfeiture is the only in a scheduled for justice and those federal prosecutors are in for one heck of a fight.
In a federal courtroom Massachusetts good luck to you guys come back and let us know how this one turns out because we'll be watching it and thanks for coming on the show.
