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Federal Government to Return $107,702 Seized From North Carolina Convenience Store Owner
TheDailySignal ^ | May 14, 2015 | By Melissa Quinn

Posted on 05/15/2015 3:46:56 PM PDT by Brad from Tennessee

After months of sleepless nights since having more than $107,700 seized by the Internal Revenue Service, L&M Convenience Mart owner Lyndon McLellan learned yesterday the government decided to dismiss the case that lost him his money.

“It’s a relief to know that you’re getting something back that’s yours to start with,” McLellan told The Daily Signal. “I wanted [the government] to do what was right, and I felt what was right was for me to get my money back.”

According to documents filed with the U.S. District Court for the Eastern District of North Carolina yesterday, U.S. Attorney Thomas Walker cited changes to the Department of Justice’s policy regarding civil asset forfeiture made in March as the reason for dropping the lawsuit against the $107,702.66 seized from McLellan’s bank account in July.

“We’re thrilled that the government has recognized that what they were doing to Lyndon was wrong and that they’ve dropped the attempt to forfeit Lyndon’s money,” Robert Johnson, a lawyer at the Institute for Justice who represents McLellan, told The Daily Signal. “This case was a mistake and unconstitutional from the start, and we’re just glad the government has recognized that.”

(Excerpt) Read more at dailysignal.com ...


TOPICS: Extended News; Front Page News
KEYWORDS: civilforfeiture; irs
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1 posted on 05/15/2015 3:46:56 PM PDT by Brad from Tennessee
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To: Brad from Tennessee

With interest?


2 posted on 05/15/2015 3:48:30 PM PDT by karnage
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To: Brad from Tennessee

Obamite bureaucrats need to be moved to a reeducation camp in Northwest Alaska so they get their Totalitarian notions chilled.


3 posted on 05/15/2015 3:51:39 PM PDT by BigEdLB (They need to targelationt the 'Ministry of Virtue' which has nothing to do with virtue.)
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To: karnage

“With interest?”

“And penalties?”


4 posted on 05/15/2015 3:52:06 PM PDT by ForYourChildren (Christian Education [ RomanRoadsMedia.com - a Classical Christian Approach to Homeschool ])
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To: Brad from Tennessee
It's probably the publicity. The Almighty State can't let too many of the sheep know that it can take their lives and property at any time it wants with no repercussions; they might have a rebellion on their hands, so they had to make this guy go away and get off the news.

Yep, I'm a cynic when it comes to government. Always assume a mix of evil and stupidity.

5 posted on 05/15/2015 3:56:03 PM PDT by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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To: karnage

From the Infernal To Hell With You office? Never


6 posted on 05/15/2015 3:58:41 PM PDT by dp0622
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To: karnage

No way, he’ll be lucky they don’t bill him for holding onto the money for that long.


7 posted on 05/15/2015 4:01:06 PM PDT by Greetings_Puny_Humans (I mostly come out at night... mostly.)
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To: Brad from Tennessee
U.S. Attorney Thomas Walker cited changes to the Department of Justice’s policy regarding civil asset forfeiture made in March as the reason for dropping the lawsuit against the $107,702.66 seized from McLellan’s bank account in July.

And the Cockroach King has announced a change to policy as the reason why his followers run under the refrigerator when the light are turned on.

Sorry, DOJ, but you had your hand in the cookie jar when this hit the liggt of day. You earlier offer of returning half of the loot for a signed promise of silence by your victim just shows how much this had to do with justice.

8 posted on 05/15/2015 4:04:18 PM PDT by KarlInOhio (Darth Obama on 529 plans: I am altering the deal. Pray I don't alter it any further.)
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To: Brad from Tennessee
When the Institute for Justice helped bring attention to an outrageous IRS money grab in North Carolina, the federal prosecutor assigned to the case was peeved.

"Your client needs to resolve this or litigate it," Assistant U.S. Attorney Steve West wrote in an email message. "But publicity about it doesn't help. It just ratchets up feelings in the agency. My offer is to return 50% of the money. The offer is good until March 30th COB."

http://reason.com/blog/2015/05/14/convenience-store-owner-stands-firm-agai

9 posted on 05/15/2015 4:07:57 PM PDT by Ken H (What happens on the internet stays on the internet.)
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To: Brad from Tennessee

Annual audits scheduled for next decade in 3, 2, 1...


10 posted on 05/15/2015 4:09:01 PM PDT by logi_cal869 (-cynicus-)
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To: Brad from Tennessee
After months of sleepless nights since having more than $107,700 seized by the Internal Revenue Service, L&M Convenience Mart owner Lyndon McLellan learned yesterday the government decided to dismiss the case that lost him his money. and return the money it had stollen from him.

And they won't even bat an eyelash before doing it again, over and over and over and over...

11 posted on 05/15/2015 4:11:04 PM PDT by DoughtyOne (Conservatism: Now home to liars too. And we'll support them. Yea... GOPe)
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To: Ken H

“It just ratchets up feelings in the agency.”

This man should be placed in prison. The money was stolen. He knew it was stolen. He attempted to keep half the money anyway. And when confronted he tried to tell them to shut up because he as getting offended.

F his son of a -itch!


12 posted on 05/15/2015 4:13:36 PM PDT by DoughtyOne (Conservatism: Now home to liars too. And we'll support them. Yea... GOPe)
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To: backwoods-engineer

Well said.


13 posted on 05/15/2015 4:14:06 PM PDT by piytar (We are well on the way to building a freaking Warp Drive. Do you really want to tick us off?!)
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To: Brad from Tennessee

Show the fascists we’re not all sheep.


14 posted on 05/15/2015 4:24:21 PM PDT by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
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To: Brad from Tennessee

I believe it when I see it.


15 posted on 05/15/2015 4:34:23 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Brad from Tennessee
... the Internal Revenue Service announced last year it would only pursue structuring violations in instances where the money was tied to a crime.

What they should have been doing all along. But why do "structuring" violations even exist? If someone tells me the speed limit is 65MPH and I'll violate the law going over that, so I drive at 62MPH would it be fair to charge me with "almost" doing a crime? That sucks.

16 posted on 05/15/2015 4:52:52 PM PDT by roadcat
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To: DoughtyOne

Bureaucratic arrogance. These pukes need to be put in jail. Put a few dozen in jail every year and maybe the message will get across.


17 posted on 05/15/2015 5:03:37 PM PDT by headstamp 2
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To: headstamp 2

No. Anyone that stomps on American freedom should simply disappear.


18 posted on 05/15/2015 5:22:20 PM PDT by FreedomStar3028 (Somebody has to step forward and do what is right because it is right, otherwise no one will follow.)
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To: headstamp 2

More than a few I’m afraid, but I do agree with your remedy.


19 posted on 05/15/2015 5:32:11 PM PDT by DoughtyOne (Conservatism: Now home to liars too. And we'll support them. Yea... GOPe)
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To: Brad from Tennessee

When?


20 posted on 05/15/2015 5:36:47 PM PDT by combat_boots (The Lion of Judah cometh. Hallelujah. Gloria Patri, Filio et Spiritui Sancto!)
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