Michigan Civil Forfeiture
United States v. $35,651.11 (The cash in the account of Schott's Supermarket)
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client Terry Dehko and his family have owned and operated the Schott's
Market in Fraser, Michigan, for 35 years. The Dehkos had $35,000 taken
from them by federal law enforcement officials through a process known
as “civil forfeiture."
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Can the government use civil forfeiture to take
your money when you have done nothing wrong—and then pocket the
proceeds? The IRS thinks so.
For over 30 years, Terry Dehko has successfully run a
grocery store in Fraser, Mich., with his daughter Sandy. In January
2013, without warning, the federal government used civil forfeiture to
seize all of the money from the Dehkos’ store bank account (more than
$35,000) even though they’ve done absolutely nothing wrong. Their
American Dream is now a nightmare.
Federal civil forfeiture law features an appalling lack of
due process: It empowers the government to seize private property from
Americans without ever charging, let alone convicting, them of a
crime. Perversely, the government then pockets the proceeds while
providing no prompt way to get a court to review the seizure.
On September 25, 2013, Terry and Sandy teamed up with the
Institute for Justice to fight back in federal court. A victory will
vindicate not just their right to be free from abusive forfeiture
tactics, but the right of every American not to have their property
wrongfully seized by government.
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