August 31, 2015

Asset Forfeiture: Do Police Seize Innocent People’s Money?

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Police in Bixby, which is near Tulsa, suspected a Broken Arrow man was a drug trafficker and seized more than $15,000 in cash from his vehicle.

Clifton Adcock/Oklahoma Watch

Police in Bixby, which is near Tulsa, suspected a Broken Arrow man was a drug trafficker and seized more than $15,000 in cash from his vehicle.

On a March evening in 2013, William Cicco drove away from his Broken Arrow home with a paper bag on the front passenger seat containing $15,555 in cash.

He and his wife had been arguing. Cicco left with what he said was money from their savings and a second-mortgage loan.

He never imagined the cash would make him a suspect in drug trafficking.

Cicco was stopped for erratic driving and arrested for driving under the influence. Officers found the cash and seized it, accusing him of transporting drug profits. No drugs were found, although Cicco said he had taken prescription painkiller medicine for his cancer symptoms.

He got his money back, but not before spending at least $3,000 on a lawyer and bond.

“Not only was I falsely accused of doing something I wasn’t doing, it cost me a bundle,” says Cicco, 61, who suffers from stage IV lymphoma.

The debate over whether more limits should be placed on law enforcement’s seizures of assets from criminal suspects often centers on whether the practice is hurting innocent people.

Authorities say their stop-and-seize operations are affecting few, if any, innocent individuals. By “innocent,” they do not mean those who are not convicted – under Oklahoma law, law enforcement officials have the right to gain forfeiture of cash and property from suspects if there is a preponderance of evidence that the assets are tied to criminal activity. No conviction or charge is needed.

Police and prosecutors say they need that latitude to intercept funds from drug cartels and high-end drug operations. If officers find a few hundred thousand dollars in a wheel well but can’t prove the driver knew about the money, they should be allowed to seize the cash and force the driver to try re-claiming it in court, authorities say

A review of thousands of civil asset forfeiture cases across the state, however, shows that in most cases involving cash, authorities aren’t seizing large amounts.

Oklahoma Watch examined the amounts sought in 8,480 cash forfeiture cases in 70 counties that were identified in searches of the two computerized court-records systems. The cases were filed between 2004 and August 2015 by district attorneys, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Department of Public Safety and the state Attorney General’s Office.

Of those cases, 59 percent sought amounts of under $1,000, and 88 percent sought amounts under $10,000. The median amount was $801. In hundreds of cases the amount was less than $100, but most of those also involved seizure of a vehicle or other property.

Canadian County Sheriff Randall Edwards, an outspoken supporter of seizure laws, has said that amounts of $10,000 or more are among the key indicators that cash is likely connected to drug operations.

On the other hand, Oklahoma County District Attorney David Prater said seizures of smaller amounts still help law enforcement disrupt drug-dealer operations.

Criminal defense attorneys and advocacy groups argue many of these cases involve small-time offenders and innocent citizens, not hard-core drug traffickers.

“They aren’t taking drug dealers’ money … It’s gotten so easy for them that they’re taking any money they come across,” said James W. Todd, a former Sand Springs police detective who became an attorney in Oklahoma City and often represents clients in asset forfeiture cases.

A bill proposed by state Sen. Kyle Loveless, R-Oklahoma City, would prevent the forfeiture of money and property unless a conviction was secured, a prospect that has law enforcement officials pushing back hard.

Criminal defense attorney and former police detective James. W. Todd represents many clients whose cash or property was confiscated by authorities.

Ben Fenwick / Oklahoma Watch

Criminal defense attorney and former police detective James. W. Todd represents many clients whose cash or property was confiscated by authorities.

Financial Loss

Cicco’s case shows that even when seized money is returned to the owner under a settlement or a judge’s order, the owner may still suffer a financial loss.

Cicco (pronounced Cheeko) said after he left his home that evening, he was pulled over by a Bixby police officer responding to a radio call about a possible intoxicated driver. A police report says Cicco’s speech was slurred and he appeared to be intoxicated. Cicco said he had taken his prescribed pain medication before leaving the house.

While preparing to impound the car, police found empty bottles for two prescription painkillers and a partially-filled bottle of non-narcotic medicine; all were in Cicco’s name and were intended to treat his cancer, he and his lawyer said.

Then they found the bag with cash and accused him of being a drug dealer.

“We worked for it, we saved for it. That’s where the money came from,” said Cicco, adding the cash was partly to pay for his cancer treatments as well as leave for his family.  “It was our money. The money didn’t come from anything else.”

A drug dog was brought in, and the dog “alerted” to the passenger side door, the police report says. A second drug dog was brought in and alerted to the bag of cash.

Police arrested Cicco for driving under the influence of drugs; speeding; improper lane use; failure to yield to an emergency vehicle, meaning the police car; and a complaint of possession of drug proceeds. A judge set his bond at $15,300, including $10,000 for the drug-proceeds complaint.

Cicco hired an attorney to both defend him on the traffic charges and fight the forfeiture.

“My lawyer told me the DA was stonewalling, they didn’t want to give me the money back,” Cicco said. “I knew I wasn’t going to get it unless I went through this long court battle … so I offered him (the attorney) two grand to get it.”

Cicco was found guilty of the traffic charges and the DUI. A judge dismissed the drug-proceeds charge.

Tulsa County Assistant District Attorney James Dunn, who filed the charges against Cicco, said the majority of forfeiture cases do not involve innocent people having their money taken away.

“Do I think we had probable cause (with Cicco) to do it? Yeah. Are there instances where the facts bear out where we can’t make our case? Yeah,” Dunn said. Despite that, “you don’t throw the baby out with the bath water. Our system is working.”

Cost of Fighting Forfeiture

Advocacy groups and some lawmakers argue that the lack of criminal charges and convictions in many forfeiture cases indicates that authorities are wrongly taking money and property.

A recent report by the American Civil Liberties Union of Oklahoma found that 319 cases of cash forfeitures were filed under state law in 12 counties along the Interstate 40 corridor from 2009 to 2014. In about 36 percent of those cases, no criminal charges appear to have been filed. Those cases represented 66 percent of the total amount seized.

Todd said in many instances, the owners of assets confiscated by police choose not to fight the forfeiture actions filed in court, especially if the amounts are relatively small. It may cost more to pay the court and the attorney than to walk away, he said.

“They really feel like they have no recourse, especially the individuals out of state (because) they have to engage in a civil fight, when they are from Illinois or wherever,” Todd said.

He added that the public’s trust of law enforcement is damaged “when you have individuals who have had their property wrongly taken.”

Prosecutors and law enforcement officials insist their approach works well and is benefitting the public.

“There are layers and layers of safeguards that already exist,” said Canadian County District Attorney Mike Fields. “For proponents to say that there are citizens who are being preyed upon by law enforcement officers and district attorneys and prosecutors who are sworn to protect them, is simply not true.”

Dunn called Loveless’ proposal “one of the greatest threats to public safety that I can think of in recent time.

“This is going to fall back on the taxpayer,” he added. “If we’re using the criminals’ money right now to buy the tools to catch these guys and that money is taken away from law enforcement, who is going to pay for it? It’s going to be you and me.”

Joey Stipek contributed to this story.

  • Brock Landers

    This “innocent victim” was found guilty of four crimes in this incident. He also received ALL of his money back from the State. The financial losses this article attributes to the seizure – $3,000 for an attorney and bond – were going to be paid anyway for his DUI and other charges.

    In fact, his version of events makes it sound like his defense attorney played him like a fiddle: “My lawyer told me the DA was stonewalling, they didn’t want to give me the money back…so I offered him (the attorney) two grand to get it.”

    And our noble citizen suffering under the cruel axis of police and prosecutors? He has since been found guilty of six more misdemeanors over the last two years.

    • imok

      And just what is your position in the Canadian County legal system? Your ability to twist facts to make an argument puts you at the head of the class in that community.

    • B

      For clarification, it wasn’t $3000, which would be standard for a DUI defense, but was in actuality over $8,000, including attorney fees, bond, court fees, & fines. If u think this is justifiable, then ponder the possibility of this happening to you! It’s always tolerable when it happens to the other guy!

    • k. C. Demming

      R U kidding? Not only are ur comments in-judicial, but totally non judiciary! The fact that u equate the subsequent misdemeanors with culpability of having finances in possession, with illicit activity, in the past, is not only ludicrous, but un-american. One has absolutely nothing to do with the other. Any reasonable american would get it! Lol, ridiculous!

  • No a PROOF means NO CRIME
    They should give back and also pay more for his time

  • Give back his money

  • Steven Rowley

    Wasn’t this once called highway robbery? So now the police can legally rob a person? Where’s the serve & protect gone? Robbery, the killing of unarmed people and the harassment of anyone who disagreed with an officer with a demigod complex. The weapon carried by the officer says so!

  • pam fisher

    I would reckon that 75% of the people could not afford a lawyer …

  • John Bento

    What an atrociously poor job of reporting by these “journalists”.

    ““There are layers and layers of safeguards that already exist,” said Canadian County District Attorney Mike Fields. ”

    You get a statement like that and it doesn’t even cross your mind to ask “Okay, WHAT are those “layers and layers of safeguards” and how were they applied to the Cicco case?

  • Louis Stewart

    In the article its stated that the median amount seized by police is $801, my experience with courts and attorneys make this a “money loser”. This is another example of “American justice”, “you can have all the justice that you
    can afford”. The law needs to change, an innocent person need not be required to fight the state to have their property quickly restored.

  • William yeager

    Funding of law enforcement should “fall back on the taxpayer”. Perhaps we should not be lowering taxes. The we would also be able to get rid of the District Attorney supervising offenders who do not need to be supervised just to make $40 a month. These people are going to look to get money somehow

  • Buck Sheward

    Seizing property was precisely the way the Nazi Party got started in pre WWII.

  • I think that if the police wrongfully stole my money, I’d have to have a face to face with the officer who did it when he was off duty and express my displeasure mano a mano. If you get my drift.

  • AThousandFaces

    To the DA who thinks that we “shouldn’t throw the baby out with the bath water” I will point to John Oliver’s section on Civil Forfeiture where he points at what the money was spent on in some of these districts after it was seized. It’s things like margarita machines. Should a police precinct really have a margarita machine? http://walberg.house.gov/news/documentsingle.aspx?DocumentID=398483
    Of course, they want to claim the system works, they get free stuff out of it.

  • Loyd Smith

    I thought that we fought a revolution to stop this sort of abuse. There’s no way any sensible interpretation of, “probable cause,” could lead to confiscation in cases where there’s no criminal or civil court action. Confiscation of innocent (aren’t we supposed to be innocent until proven guilty?) citizen’s property (money is property) is unconstitutional.