Swartz prosecutor attempts to steal $1.5 million property

Seen something interesting in the news or on the intertubes? Discuss it here.

Moderators: Zamfir, Hawknc, Moderators General, Prelates

Arariel
Posts: 404
Joined: Fri Sep 17, 2010 2:32 am UTC

Swartz prosecutor attempts to steal $1.5 million property

Postby Arariel » Sun Feb 10, 2013 5:00 am UTC

Carmen Ortiz, evidently not content with the small potatoes of killing people who do real work for a living (i.e., people who don't practice law), will appeal Judge Dein's denial of the civil forfeiture of a motel allegedly serving as a facilitator of drugs.
“This case was strictly a law-enforcement effort to crack down on what was seen as a pattern of using the motel to further the commission of drug crimes for nearly three decades,” Ortiz said in a statement. “We are weighing our options with respect to appeal.”


Of course, the real reason has absolutely nothing to do with drugs. Motel Caswell has had clients with 14 drug cases in 15 years, with over 196,000 rooms rented in that period, and many of the nearby locations, such as a Motel 6, a Walmart, and a Home Depot have similar, if not higher, drug crime rates. Why target Mr Caswell, a man pushing his seventies, then? Three guesses.

If you answered 'money', then congratulations! You have just won the Obvious Award.

Motel Caswell had several traits that made it ripe pickings for los federales:
  1. It was worth $1.5 million
  2. It had no mortgage, and therefore no banksters whose interests would be threatened
  3. It was not owned by a big chain like Motel 6, and therefore unlikely to put up much of a fight (and it would have gone bankrupt from legal fees if the Institute for Justice hadn't stepped in)

Hopefully Ms Ortiz will soon be removed from her job, and not cost taxpayers any more money, such as the half million that will be paid to Mr Caswell and the Institute for Justice for their legal fees.


Arariel
Posts: 404
Joined: Fri Sep 17, 2010 2:32 am UTC

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby Arariel » Sun Feb 10, 2013 6:27 pm UTC


Although with the slight difference in that the owner did know the tenant was selling marijuana, he was just not aware it was still illegal, while the motel owner could not have conceivably known about drug activities without installing cameras in every room. But still yet another example of the feds seizing property for their own financial gain.

It may be worth mentioning the feds have a policy of handing over 80% of the proceeds from a property to the local police if they cooperate. They also apparently have people specifically looking for high-value property subject to civil forfeiture.

http://whowhatwhy.com/2013/01/17/carmen-ortizs-sordid-rap-sheet/ wrote:According to the sworn testimony of a DEA agent operating out of Boston, it was his job to comb through news stories for properties that might be subject to forfeiture. When he finds a likely candidate, he goes to the Registry of Deeds, determines the value of the property in question, and refers it to the U.S. attorney for seizure. It is DEA policy to reject anything with less than $50,000 equity.

User avatar
iChef
Posts: 343
Joined: Fri Oct 15, 2010 9:33 pm UTC
Location: About 5 cm. south of the ring finger, USA.

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby iChef » Sun Feb 10, 2013 10:18 pm UTC

All that has to be proven due to the disgusting drug laws passed in the 1980's is that the object was used in a drug crime or was purchased using money that had been involved with a drug crime. Look for strange court cases such as UNITED STATES of America, Plaintiff-Appellee, v. ONE 1980 CADILLAC ELDORADO and Forty-Three Thousand Dollars (43,000) United States Currency, Defendants-Appellants. The court can rule against objects even if the owner is not caught or even found not guilty.
Those whom God loves, he must make beautiful, and a beautiful character must, in some way, suffer.
-Tailsteak author of the Webcomics 1/0 and Leftover Soup

User avatar
Jahoclave
sourmilk's moderator
Posts: 4790
Joined: Thu Oct 25, 2007 8:34 pm UTC
Contact:

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby Jahoclave » Mon Feb 11, 2013 12:06 am UTC

iChef wrote:All that has to be proven due to the disgusting drug laws passed in the 1980's is that the object was used in a drug crime or was purchased using money that had been involved with a drug crime. Look for strange court cases such as UNITED STATES of America, Plaintiff-Appellee, v. ONE 1980 CADILLAC ELDORADO and Forty-Three Thousand Dollars (43,000) United States Currency, Defendants-Appellants. The court can rule against objects even if the owner is not caught or even found not guilty.

It's cases like that that make me wish I was a lawyer. I would so get that Eldorado off.

User avatar
iChef
Posts: 343
Joined: Fri Oct 15, 2010 9:33 pm UTC
Location: About 5 cm. south of the ring finger, USA.

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby iChef » Mon Feb 11, 2013 9:35 pm UTC

Yeah but the cash is looking at 25 to life. Seriously though in that case there wasn't even drugs present the charge was intent. This is the reason we have the 2nd amendment right here. When the government can take your property for no reason even if you are found not guilty of any charges or not even charged you have the right to shoot back. I am normally a supporter of law enforcement they have hard jobs and do a great service. I guess the real wrong is with legislators who write these horrible laws. Still anyone who is willing to enforce and execute such a horrible violation of citizen's rights better be ready to take that property with arms like a common thief, because no citizen should give away what is theirs just for the sake of doing it.
Those whom God loves, he must make beautiful, and a beautiful character must, in some way, suffer.
-Tailsteak author of the Webcomics 1/0 and Leftover Soup

User avatar
lutzj
Posts: 898
Joined: Fri Feb 05, 2010 6:20 am UTC
Location: Ontario

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby lutzj » Mon Feb 11, 2013 10:54 pm UTC

iChef wrote:Yeah but the cash is looking at 25 to life. Seriously though in that case there wasn't even drugs present the charge was intent. This is the reason we have the 2nd amendment right here. When the government can take your property for no reason even if you are found not guilty of any charges or not even charged you have the right to shoot back. I am normally a supporter of law enforcement they have hard jobs and do a great service. I guess the real wrong is with legislators who write these horrible laws. Still anyone who is willing to enforce and execute such a horrible violation of citizen's rights better be ready to take that property with arms like a common thief, because no citizen should give away what is theirs just for the sake of doing it.


Better yet, the 4th Amendment prohibits unreasonable searches and seizures.
addams wrote:I'm not a bot.
That is what a bot would type.

User avatar
iChef
Posts: 343
Joined: Fri Oct 15, 2010 9:33 pm UTC
Location: About 5 cm. south of the ring finger, USA.

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby iChef » Mon Feb 11, 2013 11:49 pm UTC

Yeah but the federal drugs laws basically read " Oh, 4th amendment? Yeah that doesn't count for drug laws just other laws" The only reason this story made news because it is such a black and white case over such a valuable property. This sort of thing happens with less valuable things every single day. The best part is when they let you buy back your seized items. Basically they steal your car and let you buy it back from them.
Those whom God loves, he must make beautiful, and a beautiful character must, in some way, suffer.
-Tailsteak author of the Webcomics 1/0 and Leftover Soup

Arariel
Posts: 404
Joined: Fri Sep 17, 2010 2:32 am UTC

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby Arariel » Tue Feb 12, 2013 4:05 am UTC

iChef wrote:The only reason this story made news because it is such a black and white case over such a valuable property.

This case, or the car case? Because there are actually two big reasons this case made the news:
  1. Black and white case over valuable property, as mentioned
  2. It involves our dear Inspector Javert in pantyhose over here who sort of killed Aaron Swartz

niky
Posts: 92
Joined: Fri Jul 09, 2010 6:34 am UTC

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby niky » Tue Feb 12, 2013 5:12 am UTC

Hmm.

The defendant in the Caswell trial is a member of a forum I moderate. His story is posted here:

http://www.gtplanet.net/forum/showthread.php?t=225597
The govt is basing the forfeiture case on 6 arrests that resulted in drug arrests over a 15 year peroid and the fact that my family resides next to the motel. From my house you can see 2 back windows and nothing else of the motel. But they think we should be able to keep track of people once they are in the rooms, I wonder if they can tell me what their neighbors are doing at any given time.
We have been banned by the US from selling or closing the property.
We own the property outright. 8 acres commercial, 5 minutes from 2 major freeways, on the towns main drag.
There is a major chain motel 1 mile away with alot more issues than we have, but are on a 99 year lease and it is an "accour" (spell) branded motel with major corporate backing.
No gains by civil forfeiture there. The gov would have nothing to show if they went after those guys and won.

To me, this is legal extortion. Maybe I am biased, and rightfully so. If the town officials or police ever asked anything of us we would always be in compliance. Same with the various town inspectors.

When police would come in, they would never give us info on the person in question. Not even wether we should allow them back or not. And if we were to get info it was usually BS.
How does one fight an enemy when one doesnt know the enemy?

Anyway, getting long winded here and lost track of my thoughts.

The first video has been released by the IJ and i will put it in the next post.
If it is ok i would like to placemark a third post for future use.

Thanks for reading

-

The really sad thing is that he has been cooperative with the police and has facilitated a number of drug busts on his property.

The nice thing is that the Institute for Justice boys provided him with legal assistance in this case, and he... rightfully... won.

http://www.ij.org/images/pdf_folder/pri ... -24-13.pdf

Arariel
Posts: 404
Joined: Fri Sep 17, 2010 2:32 am UTC

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby Arariel » Fri Feb 15, 2013 3:08 am UTC

niky wrote:The nice thing is that the Institute for Justice boys provided him with legal assistance in this case, and he... rightfully... won.

http://www.ij.org/images/pdf_folder/pri ... -24-13.pdf


Pretty awesome. But it's not over yet. Ms Javert is appealing it. No doubt she wants this mess to be as drawn out and costly to American taxpayers as possible.

Arariel
Posts: 404
Joined: Fri Sep 17, 2010 2:32 am UTC

Re: Swartz prosecutor attempts to steal $1.5 million propert

Postby Arariel » Thu Mar 21, 2013 2:34 am UTC



Return to “News & Articles”

Who is online

Users browsing this forum: No registered users and 16 guests