Lawsuit: CBP Took $240,000 From Man And Refused To Respond To His Forfeiture Challenge Until It Had Already Processed It
from the because-barely-any-due-process-is-far-too-much-due-process dept
Looks like someone might be getting their money back after CBP agents -- operating a great distance from the US borders -- seized $240,000 from a man traveling through Indiana. While driving along I-70 outside of Indianapolis last November, Najeh Muhana was pulled over for not signalling a lane change. That's when things got weird and a bit unconstitutional.
According to his filing for return of his money, Muhana's vehicle was searched "without consent, warrant or probable cause." The Hancock County Sheriff's Department officers even brought a drug dog to the scene, but failed to uncover any contraband. The $240,000 Muhana was carrying caught their eye, though.
Muhana (correctly) intuited the officers wanted to take his money. So he told them he had just been talking to the person the money was owed to. This story, which was untrue, seemed to upset the officers, who spent the next hour discussing something presumably related to how they could take the cash from Muhana -- because that is exactly what they eventually did.
This decision was made when CBP agent Scott Thompson -- operating roughly 250 miles from the nearest border -- arrived on the scene. Thompson took the money and gave Muhana a "receipt for property." Muhana, whose native language is Arabic, took this to mean the money would be returned when the CBP finished its investigation into whatever it was it thought was going on here.
Shortly after that, the Sheriff's Department took Muhana into custody based on a traffic stop that had occurred four months earlier in another state. Details on that arrest suggest Muhana may have been involved in selling unlicensed cigarettes.
Najeh Muhana, 39, St. Louis, was preliminarily charged with possession of untaxed cigarettes, according to a Henry County Jail List.During this stop -- which occurred in November -- officers uncovered nothing more than cash. They may have believed the two were related, but they never bothered connecting the dots for the benefit of Muhana, much less used it as a basis for the cash seizure.
Muhana’s charges stem from an incident that initially began on I-70 in July when members of the Pro Active Criminal Enforcement Team pulled over his rental van for unsafe lane movement. Blankets covered the cargo area and police confiscated 2,400 cartons of Newport cigarettes, valued at more than $147,000, and 650 cans of infant formula, valued at $10,500.
The cigarettes had a Missouri tax stamp, said Major Jay Davis of the Henry County Sheriff’s Department, noting that in Indiana, it is illegal to possess such items without an Indiana tax stamp.
In fact, all the involved agencies did was pass the buck -- along with Muhana's bucks -- whenever he sought information on how to work towards the return of his money. The filing details multiple attempts to obtain any confirmation on the forfeiture, or who he should speak to in order to get the process underway. Further, there's no record that Muhana was ever notified of the CBP's intent to pursue forfeiture -- nothing beyond the mysterious "receipt for property" the CBP agent gave him.
Muhana began making inquiries a few weeks after the money was taken, beginning in December 2015. In January, CBP agent Scott Thompson told him the case had been turned over to the CBP's Ohio office. The following Kafka-esque chain of events is directly from the filing.
On or before January 19, 2016, Mr. Muhana's counsel contacted Eartha Graham, Paralegal Specialist, U.S. Customs and Border Protection in Middleburg, Ohio regarding the status of the Currency.The next day, Muhana's lawyer wrote back, pointing out several things. First, he had received nothing in the way of a signed waiver by Mr. Muhana indicating his relinquishment of ownership. Furthermore, even if Muhana had signed something of that sort during the arrest, he is unable to read or write in English and may not have known what he was signing. In addition, even if such a signed waiver exists, there's nothing forbidding Muhana from attempting to correct his mistake during the time between the seizure and its finalization. Muhana's attorney demanded the CBP provide him with a copy of the supposed waiver.
On January 19, 2016, Ms. Graham responded via email to counsel, stating, "I will need something in writing preferably on company letterhead stating you are representing Mr. Muhana asap."
[...]
On January 20, 2016, counsel followed up with a facsimile to Ms. Graham, in writing,
In response to your email to me yesterday, this will confirm that I represent Najeh Mulhana relating to the seizure of three (3) bags of currency by the US. Customs Service on or about November 6, 2015, in Indiana. The seizing officer was Special Agent Thompson. Mr. Muhana is requesting return of the money.
On January 26, 2016, counsel again contacted Ms. Graham related to the Currency, asking, "Will the agency be sending me some notification regarding its intentions relating to the seized money?" She responded, "Yes, we will be sending something out soon."
On February 1, 2016, Ms. Graham followed up again with an email to counsel stating, "I just received word from our counsel to request a written statement sign (sic) by Mr. Muhana, stating you will be representing him for currency case." The same day, Mr. Muhana's counsel sent Ms. Graham an email with a copy of the law firm's engagement letter attached.
On February 8, 2016, counsel received a letter from Tessie Douglas, FP&F Officer, US. Customs and Border Protection, Middleburg, Ohio, dated February 4, 2016. In the letter Ms. Douglas stated,
This is with reference to your inquiry on behalf of your client Mr. Najehm Muhana, about the currency that was seized on November 6, 2015.
The circumstances of this case have been reviewed. It has been determined that since your client waived his rights to the currency by signing the abandonment form, he cannot make claims on the currency. The forfeiture process was completed on February 1, 2016.
A reasonable request, one would think, especially when a quarter of a million dollars was on the line. But guess what? The CBP doesn't turn over that sort of paperwork to people it's taking money from. It will only turn that paperwork over to anyone who asks for it using a completely unrelated process. And that's only if it decides it isn't covered by multiple investigation-related exemptions. Behold: your tax dollars at work, giving you the finger over its cubicle wall.
There was no response until March 7, 2016. This time, counsel received an email from Rose Parks, Paralegal Specialist, U.S. Customs and Border Protection, Cleveland, which stated as follows:Muhana's lawyer fired right back, hoping to find someone willing to provide more info on the up-to-this-point nonexistent waiver.
The subject-referenced case has been re-assigned to me, as Ms. Graham has left our department. Per my supervisors, we do not provide copies of abandonment forms. To obtain a copy of the form, you would need to file a FOIA request.
Ms. Parks:Nothing there for Mr. Muhana either.
Thank you for your message. Please confirm that the Agency has referred this matter to the US Attorneys' Office per my prior email for determination regarding forfeiture. Again, my client is making claim to the money. I understood from my conversations with Ms. Graham that the case had been re-assigned to the US Attorney for that purpose. If I have misunderstood her, please let me know immediately.
Ms. Parks then stated as follows in her follow-up response: "The currency has been forfeited and the case is closed. No referral is being made."The money is gone, apparently, after having skipped some necessary intermediate steps. As the filing points out, the government must notify involved parties of the intent to pursue a forfeiture. This is to give people like Najeh Muhana a very slim window in which to raise a challenge. Muhana's lawyer says that -- contrary to the law -- he was never given written notice of the agency's intentions.
The agency claims (sort of) that it had no obligation to do so because Muhana had disclaimed his ownership of it. But the chain of communications clearly show Muhana had both claimed ownership and was interested in pursuing its recovery. The agent directly involved with the seizure was made aware of this in December 2015, less than a month after the funds were taken. The agency itself was notified in writing of Muhana's intent to challenge in January 2016 -- well before the agency's February 1st declaration that the money had been forfeited.
As Muhana's lawyer points out, this is clearly bullshit.
Here, the Agency knew that Mr. Muhana was claiming to be the owner of the Currency through the repeated inquiries of his counsel. Rather than acknowledge those inquiries and respond to them, the Agency delayed any response until after February 1, 2016, when it unilaterally declared a forfeiture of the Currency. Thus, despite actual knowledge that Mr. Muhana was the owner of the Currency, the Agency refused to provide written notice to him about the Currency being seized and the Agency's intention to declare a forfeiture.Given what's detailed here, it strongly appears as though the CBP processed a forfeiture while skipping past all the due process niceties. If so, Muhana is likely to not only prevail, but "strongly prevail" in his claim against the agency, which means it will not only have to give him back his $240,000 but pay his legal fees as well.
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Filed Under: asset forfeiture, cbp, customs and border patrol, doj, hancock county, najeh muhana
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...and who pays for this?
Which they don't really care about, as the worst that can happen is that they have to hand the money back and pay (reasonable) lawyer's fees. That payment, of course, is funded by the taxpayer, not out of their own pockets.
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Re: ...and who pays for this?
If we vote in the assholes allowing these officers to remain employed then we get to pay the price of their tyranny, can you can bet we will damn sure pay it one way or another!
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Re: Re: ...and who pays for this?
And voting against alleged non-assholes is spoiling the vote for the slightly-less-evil asshole.
If we're willing to give the benefit of the doubt that the elections aren't rigged (e.g. Gerrymandered) and that these officials could somehow fix the tyranny, the system is still way broken.
Look up criticisms of FPTP elections. Then re-assign your blame accordingly.
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Re: Re: Re: ...and who pays for this?
Elections are Rigged, starting with the Party system... it is the very reason parties get started. People stupidly think the parties are for like minded people to team up and have a bigger voice when it really is just a 3rd party holding shit over everyone's head saying, be in my party or get nothing, and if you work in my party... well you fucking work for the party NOT the people.
If the people "tolerate" corruption in their government then they are NEVER innocent, and deserve to pay!
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Re: Re: Re: Re: ...and who pays for this?
They're not always rational.
They're not eternally vigilant.
They're biased as hell.
They'd be pretty content with bread and circuses.
They tolerate a lot of shit. And they cause a lot of shit for all the wrong reasons.
But they're the same people that every other civilization gets.
Whether we try a model based on reciprocity and equality, or a model based on elitism and manipulation of the masses (because they're really easily manipulated) is up to us.
Some people would rather be kings of third-world police-state banana republics than middle-managers of star-spanning cultural and humanitarian republics.
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Re: Re: Re: Re: Re: ...and who pays for this?
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Re: ...and who pays for this?
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Re: ...and who pays for this?
After all, we're all in this together.
(/s)
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There really needs to be some sort of repercussion
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Re: There really needs to be some sort of repercussion
repercussions only come in one form... when somebody fights back, and usually have to lose the fight a lot of time before they win the war!
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HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA HA!!!!!!!
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Let's just say the police were not wrong to be suspicious. No sane person does what this guy was doing, unless they don't want anyone to know that they have that much cash and what they are using it for.
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Re:
That we have twisted the "war du jour" to justify this type of activity doesn't change that.
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Re:
I know I would have refused to let the police search my car. Go get your dog, whatever. See MONEY, Lottery WIN for them!!!
Doesn't matter if it was meant for the Red Cross.
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Re: -Whatever-
Not necessarily true at all. When I worked with foreign students at our school, it was not unusual for them to travel with large amounts of money from one school to the next. We discouraged it; encouraged cashier's checks, etc. Hopefully, with all the "law enforcement" using any excuse to pull someone over for "driving while not white" these days, those foreign students of today are properly worried enough they ship all valuables ahead of them, instead of carrying them.
Who'd have thought we'd have to warn visitors to this country of "highwaymen" in the 21st century!
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Re:
Sane people do this all the time, in the expectation that the police are actually law abiding and doing their job properly.
If you call them insane for doing this, we can only assume that you know that the law enforcement agencies are corrupt and criminal and approve of their behaviour and morals. Since they are the only ones who regularly pull people over.
As evidenced by the official complaints, the various law enforcement agents were simply looking for a score. Nothing they did was according to the law, nothing - up to and including the original stop.
May you find yourself in this position each and every day for the next 10 years. May you be a witness to your own downfall at the hands of such people. Because you are still in the mindset of guilty until proven innocent.
I wonder if you are the recipient of tainted cash and goods from such criminal law enforcement.
Finally answer a question, how often do you have ...?
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Re: Re:
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Re: nobody can explain why this guy was driving around with a quarter of a million dollars in cash
If there is suspicion of a crime, the proper thing to do is to investigate, and pursue criminal charges if the evidence justifies that.
Not to simply steal the money and walk away.
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Re: Whatever
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Re: Re: Whatever
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Re: Re: Re: Whatever
Citation needed. Here are my contrary citations.
http://www.snopes.com/business/money/10000.asp
http://www.airsafe.com/issues/baggage/cash.h tm
https://www.fincen.gov/whatsnew/pdf/CTRPamphletBW.pdf
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Re:
Yet, for all of this, we are still plagued with abusive pigs. And they only seem to be multiplying, or are amplified, or both.
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Re:
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Re:
I thought you knew how legal processes work.. Seems I was wrong.
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Re:
In you're mind the police can do no wrong, so give up trying to pretend otherwise
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Re: nobody can explain
Granted.
So what? Suspicion by police is proof of sod all.
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Re:
What a surprise that when authority messes up, you're frothing at the mouth and leaping to the forefront to sing their praises. Talk about whipped.
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Re:
what a dependable shitheel you are:
whenever there is a chance to side with authoritarian goons who have gone FAR beyond their legal mandate, whatever will be there to defend the indefensible...
YOU and your ignorant ilk make me ashamed to be an American, you authoritarian POS...
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Re: Re:
Yet the second something like this comes up, they blow off basic principles like "innocent until proven guilty" and "due process" and "evidence" in favor of "the gut feelings of people who wear matching outfits and badges". The Whatevers of the nation are the biggest fucking enemies of law and justice we have.
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Re:
The short answer is "none of your fucking business."
If they're suspicious, they can investigate. You seem to want to allow them to skip that part, go right to "he's guilty" and take his cash.
What an asshole you are!
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Re:
Probably because that is meaningless in this discussion.
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You'd like to think so...
Even with such a blatant cash-grab it's unfortunately entirely possible that a by-the-book judge will declare that since he 'waited too long' the money's no longer his, and he's out both a quarter million and his legal fees because for far too many judges and lawmakers armed robbery is perfectly acceptable if the one(s) doing it have badges.
And of course the very idea that those involved will be punished is utterly absurd, they managed to steal a quarter million for the agency and stall long enough that they might very well be able to keep it, I imagine after a stunt like this they'll be looking not at demotion but promotion or a bonus.
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Re: What do you mean "by-the-book" judge?
There is a considerable difference you know.
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Re: Re: What do you mean "by-the-book" judge?
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Re: You'd like to think so...
The person wronged probably knows people who know people in low places who'd take on the challenge pro-bono, after a proper "cooling-off" period.
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Grand Theft Charges should be filed.
They did not follow proper procedures, they no longer have the protection or immunity to prosecution normally afforded to government agents.
By failing to follow procedure, they've shown their true colors and should be treated as the criminals that they are.
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Re:
The US is Canada's Mexico.
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Stealing process
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is that all?
What about damages? What about interest? They wrongfully seized his property and time went by while his property was in their possession. He is due damages and interest in addition to lawyers (and any other relevant) fees, court costs and of course his original seized cash.
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Freedoms are being lost every day
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Re: Freedoms are being lost every day
A big part of the problem is that most people don't do this. Remember the old adage about the difference between privilege and liberty: privileges are given, liberties are taken.
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Forfeiture known by any other name is still theft
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Re: Forfeiture known by any other name is still theft
Who's going to prosecute them.
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Yet Another Libertarian 'Free-Citizen' Circle Jerk
Man previously arrested for smuggling cigarettes, found in another state with lots of cash from sale of other illegal cigarettes. Money was confiscated. Outraged Msulim Drug Dealer demands his money back.
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Re: Yet Another Libertarian 'Free-Citizen' Circle Jerk
Man previously arrested for smuggling cigarettes, found in another state with lots of cash. Police confiscate cash without probable cause and retain it in violation of forfeiture procedures, and with actual knowledge that he wanted it back.
Demanding due process is not "libertarian uberspeak".
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"Msulim Drug Dealer"
Muslims are very scary and I'm glad for this one being neutralized and shown he's not welcome.
vancedecker's antipluralism was obvious. He might as well have called Muhana a terrorist or a black thug.
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Re: "Msulim Drug Dealer"
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Re: Re: Yet Another Libertarian 'Free-Citizen' Circle Jerk
I really hope people like this are paid for shills instead people that actually believe in this wanting a tyranny nonsense
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Re: Re: Re: Yet Another Libertarian 'Free-Citizen' Circle Jerk
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Re: Re: Re: Re: Yet Another Libertarian 'Free-Citizen' Circle Jerk
It's great in small groups when the chieftain or priest has a similar instinct to look out for the braves and peons.
In larger societies the dynamic doesn't work so well, but it makes for amazing barn-raising efforts.
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Re: Re: Re: Re: Yet Another Libertarian 'Free-Citizen' Circle Jerk
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http://boingboing.net/2016/05/06/homeland-security-want-to-subp.html
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