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FEAR-List Bulletins

Last updated January 7, 2011 by Judy Osburn

FEAR-List is an e-mail list covering forfeiture issues, including news articles, court decisions, reports on pending legislation, victim stories, requests for help, and new announcements about FEAR. The list is moderated, so there's no chat. It's free. You can sign up below. There is also a link in the main menu of the FEAR website.

We have indexed 2007 FEAR-List Bulletins over two-weeks old below, with full texts of linked articles attached. We are making these articles available for educational purposes only, so please respect copyrighted material.

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Archived Bulletins:

2010 FEAR-List Bulletins

2009 FEAR-List Bulletins

2008 FEAR-List Bulletins

Indexed archive of 2007 FEAR-List Bulletins with full texts from linked articles

January 2007 FEAR-List bulletins plus the following full text articles:

Sarisota Herald-Tribune:

Bradenton police plan to spend disputed cash

Officials want to buy guns and gear with the disputed money.

The Baltimore Sun:

Prosecutors Seek Severance Paid Former Md. Insurance Fund Chief

San Francisco Chronicle:

RICHMOND: Court setback for car confiscations

February 2007 FEAR-List bulletins plus the following full text articles:

Missoula Independent:

Proving a negative

GMANews.TV:

Gov't seeks forfeiture of 60% of nine Lucio Tan companies

Pretoria News, South Africa:

ax man cleared of graft charges

FEAR:

Montana Legislature Drafts Forfeiture Reform Bill

DEA News Release:

Over $18 Million In Forfeited Drug Proceeds Distributed To Federal,
State And Local Law Enforcement In New York In 2006

Sarisota Herald-Tribune:

Judge casts doubt on police forfeiture program

Sarisota Herald-Tribune:

Seizures are suspect
Ruling should cause Bradenton police to halt waiver policy

Bradenton.com:

Bradenton PD backs confiscation policy
Department to keep suspect's property regardless of charge

March 2007, FEAR-List bulletins, plus the following full text articles:

Sarisota Herald-Tribune, FL:

Forfeiture Contracts Still Being Used

FEAR.org:

"Contraband Confiscation Agreement" circumstances ruled unconstitutional violation of due process: judge orders Bradenton police to return $10,200 or use court system to file forfeiture proceedings.
Bradenton Police Department continues policy of bypassing court system by coercing victims into signing forfeiture contract waiving right to day in court.

Gulf Times - Doha,Qatar:

Asset forfeiture effective way to fight global crime

ABC News:

Report Says FBI Violated Patriot Act Guidelines

Muskogee Daily Phoenix editorial:

Vehicle forfeiture sounds like unusual punishment

Las Cruces Sun-News - Las Cruces, NM:

Fewer vehicle seizures a sign anti-DWI program is working

Int'l forfeiture: Belgrade:

Assets forfeiture conference

Times Record News - Wichita Falls,TX

"The Corporation" leader Jose Miguel Battle, Jr. sentenced

Associated Press:

Senate Limits Gonzales' Hiring Authority

Associated Press:

Lawmakers Warn FBI It Could Lose Broad Spying Power Following Revelations of Abuses

Anderson Herald Bulletin - Anderson, IN:

The attorney representing the state in the John L. Neal civil case could end up reaping a windfall — if he’s ultimately successful.

Yakima Herald-Republic, WA:

Toddler denied cash, but may get car in drug forfeiture case

April 2007, FEAR-List bulletins plus the following associated articles:

Waterloo Cedar Falls Courier, Waterloo, IA

Feds file forfeiture action for doctor's house

Forbes, AP:

Lay's Widow Challenges Civil Forfeiture

Muskogee Daily Phoenix - Muskogee,OK

Missing money investigation continues

Detroit Free Press - Detroit,MI,USA

Puertas exhausts appeals, heads to prison

Bendigo Advertiser - Bendigo,Victoria,Australia:

Regretful hoon to keep his vehicle

AllAfrica.com - Washington,USA

South Africa: Seizing the Sense Behind the Law

Justice Policy Journal features a 31 page treatise by Jared Shoemaker titled:

Civil Asset Forfeiture: Why Law Enforcement Has Changed its Motto from "To Serve and Protect" to "Show Me the Money"

by Jared Shoemaker

The Herald Bulletin, Anderson, IN :

EDITORIAL: Don't make the wrong decision

Houston Chronicle, TX:

Linda Lay files against forfeiture

Denver Post - CO

Joe Nacchio's reversal of fortune

Boston Globe:

City police lavished $2.6m on leased cars

May 2007, FEAR-List bulletins plus the following associated articles:

The Province, Vancover, Canada:

More grow-op homes now facing forfeiture

www.fear.org:

New Mexico Court of appeals rules that police cannot use federal courts to bypass state forfeiture reforms

U.S. 3rd Circuit Court of Appeals, May 04, 2007:

US v. $487,825.00 in US Currency, No. 06-3138

http://www.moneynetnews.com:

US Government Forces E-gold Redemptions - Seizes Gold

NACDL:

Victory in the House, more work needed in Senate: Call your Senator today to oppose FISA Modernization Bill!

www.fear.org:

NC: Cal. residents win venue change to California from North Carolina

U.S. 1st Circuit Court of Appeals, May 18, 2007:

US v. Bank of New York

U.S. 5th Circuit Court of Appeals, May 22, 2007:

State of Texas v. Soileau, No. 05-20501

June 2007, FEAR-List bulletins plus the following associated articles:

U.S. 3rd Circuit Court of Appeals, June 2, 2007:

Money damages under 41(g): Peloro v. US, No. 04-4334

California Court of Appeals, June 10, 2007:

CA reversal of forfeiture judgment: People v. $20,110 U.S. Currency, No. B191821

New York Law Journal:

Forfeiture of Wife's Share of Home Over Husband's Marijuana Is Found Excessive

U.S. 5th Circuit Court of Appeals, June 29, 2007:

Anciliary proceedings & unsecured property: US v.Corpus, No. 06-20619

U.S. 8th Circuit Court of Appeals, June 29, 2007:

Failure to put forfeiture order in final judgment= clerical error(???): US v. Koch, No. 05-4263

July 2007, FEAR-List bulletins plus the following associated articles:

www.fear.org:

Second Circuit Orders Government to Honor Settlement Agreement

www.fear.org:

DEA threatens 150 Los Angeles landlords with forfeiture and prison

San Francisco Chronicle:

OAKLAND - Seizure lawsuit settled

Los Angeles Times Editorial:

New challenges for medical marijuana
The Drug Enforcement Administration goes after landlords who rent to dispensaries.

Fox40 News:

CALIFORNIA: Court Rules Car Seizures Illegal

August 2007, FEAR-List bulletins plus the following associated articles:

US Department of Justice:

Prepared Remarks of Attorney General Alberto R. Gonzales at the Organized Crime and Drug Enforcement Task Force (OCDETF) & Asset Forfeiture Program National Leadership Conference

American Statesman:

Texas: Investigation launched into police's seized funds

New York Law Review:

2nd Circuit Upholds Denial of Fees in Forfeiture Suit Involving Couriers

www.fear.org:

2nd Circuit denies fees for attorneys who recovered money seized from multiple innocent claimants under USA PATRIOT Act

The Florida Times-Unioin:

Official won't sign Camden sheriff's drug money report--Commissioner wants to know how sheriff spent seized drug money

www.fear.org:

10th Circuit rules “substitute assets” are not subject to pre-trial restraint: Government may not use lis pendens statute for pre-trial restraint of property that neither comprises the fruits of, nor is connected to, the defendant’s alleged crime.

September 2007, FEAR-List bulletins plus the following associated articles:

U.S. 11th Circuit Court of Appeals:

US v. Fleet, No. 06-12454

Federal Criminal forfeiture statute preempts the homestead exemption contained in the Florida Constitution and the state's
tenancy by the entireties law

U.S. 2nd Circuit Court of Appeals:

US v. Capoccia, No. 06-0669

Very thoughtful decision on the required nexus between the crime of conviction and the conduct of conviction

Athens NEWS - Ohio:

Village opposes county prosecutor's interference in drug money forfeiture

Pegasusnews.com:

No money to fix jail, but Dallas Sheriff says she can afford new SWAT team

Inquirer.net - Philippines:

Puno: Estrada could get to keep P1B of ill-gotten assets

Drug War Chronicle - Washington, DC:

Asset Forfeiture in Drug Cases is Hurting Investment in the Inner Cities

October 2007, FEAR bulletins with associated articles:

Hartford Advocate:

Drug Money? Welcome to the world of civil asset forfeiture: enriching police at your expense

www.fear.org:
Court rules sailboat formerly owned by the late President J. F. Kennedy is not subject to forfeiture:
Government had no right to sell the sloop, nor does it have any right to pocket proceeds from that sale.

November 2007, FEAR-list bulletins plus the following associated articles:

San Francisco Chronicle:

Court tells cops: Return medical marijuana if drug charges dropped

www.fear.org:

Former U.S. Rep. Henry Hyde rests in peace

New York Court of Appeals, November 19, 2007 :

Property Clerk of the Police Dep't of the City of New York v. Harris, No.No. 138

U.S. 5th Circuit Court of Appeals, November 19, 2007:
Bailey v. US, No.07-40309

December 2007 FEAR-list bulletins plus the following associated articles:

The Press - Christchurch, New Zealand:

Drug-ring leader forfeits home

www.fear.org:

Former U.S. Rep. Henry Hyde rests in peace

Georgia Straight - Vancouver,British Columbia,Canada:

House seizures a double-edged weapon in the fight against organized crime

U.S. 5th Circuit Court of Appeals, November 19, 2007:

Bailey v. US, No.07-40309

U.S. 9th Circuit Court of Appeals, December 21, 2007:

US v. Plunk, No.06-35269

IBLS INTERNET LAW - Irvine,CA,USA:

INTERNET LAW - US Prioritizing Resources and Organization for Intellectual Property Act 2007

District Court Virginia:

Court-Appointed Special Master Recommends Best Friends Animal Society
for Placement of 22 American Pit Bull Terriers from Vick Civil Forfeiture Action

Star Tribune, Minneapolis:

U.S. can't tie client to drugs, attorney says

Steve Meshbesher dared the feds to file a criminal charge against a man arrested with cash allegedly tainted by cocaine.

Courier and Journal, Tippecanoe, Indiana:

Law officers put seized assets to work for them

Star-Tribune, Casper, Wyoming:

Drug money duel

Tippecanoe Editorial:

Pursue asset forfeiture, but guard rights

Washington Continent:

Conyers concerned about DEA threats to private landlords

www.fear.org:

FEAR's exciting new Continuing Legal Education (CLE) project

Rep. John Conyers:

Setting the Record Straight on FISA

January-February 2006 FEAR-List bulletins plus full text of linked articles

We're presently indexing FEAR-List bulletins posted in 2006, please check back soon for additional months.

Prior Index to our archive of FEAR-List bulletins (may contain links to articles that are no longer available)
If you would like to volunteer to help index bulletins from prior years, please contact Judy Osburn.

2004 - January February March

2003 - Partially indexed

Selected bulletins from FEAR-List 1998

Archive of Early FEAR-List Bulletins -- 1994 - 1996

Selected bulletins from FEAR-List 1998

Archive of Early FEAR-List Bulletins -- 1994 - 1996