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United States v. $35,651.11 (The cash in the account of Schott's Supermarket)
Institute for Justice ^ | 10/04/2013 | Institute for Justice

Posted on 10/04/2013 12:32:27 PM PDT by Rusty0604

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To: RC one
This happens every day. It usually the amounts are not worth going to court to recover.

They don't arrest you just your money.

41 posted on 10/04/2013 2:24:35 PM PDT by Mikey_1962 (Obama: The Affirmative Action President.)
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To: PAR35

Now I re-read it and you’re right. So now they watch you if you make a deposit over $10,000 and multiple deposits under $10,000.

I they don’t quit QE pretty soon and inflation ever kicks in it’ll take $10,000 to buy a loaf of bread and then we’ll all be screwed.


42 posted on 10/04/2013 2:33:16 PM PDT by Rusty0604
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To: conservaKate; Rusty0604; IC Ken; jeffc; PAR35; Cap74; BADROTOFINGER
From what I saw, the victim’s excuse was that their insurance policy would not cover cash on premises losses in any amount more than $10k. So it would make perfect sense for them to deposit before cash on hand exceeds this amount, language barrier or not.

THAT IS EXACTLY RIGHT! And for what it's worth, there's no language barrier,

FWIW, it's on the NW corner of 14 mile and Garfield, I drive by it several times a week.........It's a perfect grocery store in a perfect location in a neighborhood that also includes a Meijer mega store about a mile away. The fact that this store competes and thrives with that competition is a testament to the way they run their business and the loyalty of customers in the neighborhood..........

This is a travesty of justice.....

Here's an original plea for help from the owner.......

Schotts Market- The true facts from the owner

43 posted on 10/04/2013 2:36:58 PM PDT by Hot Tabasco (Ms. Muffett suffered from arachnophobia)
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To: conservaKate
It doesn’t mean they did anything wrong.

Bingo, you got it! They didn't do anything wrong..........

44 posted on 10/04/2013 2:39:20 PM PDT by Hot Tabasco (Ms. Muffett suffered from arachnophobia)
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To: Blood of Tyrants

Are Innocent Citizens at Risk of Police Seizure of Their Cash, Cars and Homes?

many folks are unfamiliar with the idea of civil forfeiture, which is actually a case brought against, directly against a piece a property, where you don’t need to be proven guilty of a crime for your goods to be taken away. And many of the conventional protections that you have under the criminal process are not afforded to you in a civil forfeiture case.

RAY SUAREZ: So, there’s no trial. There’s no requirement to provide evidence to prove the state’s suspicion. They just take your stuff.

SARAH STILLMAN: Exactly.

And you don’t even have the right to a lawyer. So, conventionally, if you’re facing the loss of your home or the loss of your car or cash, normally, at the very least, you would have someone who is able to represent you in these claims.

In places like Washington, D.C., you have to even pay $2,500 simply for the right to contest the case. And you’re, again, not entitled to representation when you do that. So it can be a very costly process and also just a very confusing, arduous process to figure out, how do you contest?

laws vary tremendously from state to state, so, in many places, again, with things like not being entitled to a lawyer and also with the idea that often you have maybe 20 days to contest or 30 days to contest. And if you can’t figure out how to do so in that time period, your goods are automatically seized.

So many people lose them simply by default.

http://www.pbs.org/newshour/bb/nation/july-dec13/assets_08-19.html


45 posted on 10/04/2013 2:41:09 PM PDT by Rusty0604
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To: Hot Tabasco
For those too busy to click on the link I provided, here's his explanation:

-------------------------------------------------------------------------------- Ive always paid my taxes and have never been arrested or charged with any crime in my life. I am a successful small-business man. But in January of this year, I woke up to find that my business entire bank account more than $35,000 had been wrongly seized.

Later that same day, I was writing checks to my vendors. A federal agent strolls in. She tells me my hard-earned cash was taken by the Internal Revenue Service (IRS). I was shocked. Ive broken no law, committed no crime and was never warned my store could be in trouble. I asked her how I can keep managing my business when my account has been seized. She responded, I dont care.

How could this happen in America? To fight this injustice, I am filing a lawsuit in federal court.

I own Schotts Market, a grocery store in Fraser, Mich. In 1970, I left Iraq for the United States so I could practice my Christian faith free from persecution and truly live the American Dream. I started a family, became an American citizen, and, eight years after coming here, I bought my market. For 35 years, Ive run Schotts with the help of my children and created dozens of jobs in our community. To this day, I still work seven days a week to provide for my family.

The IRS has turned my American Dream into a nightmare. With my $35,000 unjustly taken, cash flow is now very tight. In the three decades Ive run my shop, I have never had to pay a vendor late until that week in January. My daughter and I are doing everything we can to make sure our workers get paid and Schotts stays afloat. I have been forced to dip into my own personal accounts to preserve my business.

The government falsely accused me of violating federal banking laws by making frequent cash deposits of less than $10,000. It is illegal to make deposits of less than $10,000 in cash if you are doing it to avoid regulations that require the banks to report larger deposits to the IRS. Its not against the law, though, to make smaller deposits when there is a legitimate, legal business reason. That is exactly what I have been doing.

My clerks routinely deposited cash earned at Schotts at a bank right across the street. Its never a good idea to risk letting too much money accumulate on-site. Like many other small businesses, my stores insurance policy specifically limits coverage for cash losses to $10,000.

The government would have learned that if it asked me, but it didnt.

Just last year, we were audited by the IRS to make sure we complied with anti-money-laundering laws. The IRS gave us a clean bill of health. Our store has been making deposits this way for decades, and the IRS looked through our books during the audit. Yet no one said anything to me about violating any law. The IRS even sent me a letter about their audit saying, No violations were identified. Without any warning, officials just cleaned out my bank account.

Remarkably, the government doesnt even have to charge me with any wrongdoing to keep my money. Many people know about criminal forfeiture, which allows police to seize the ill-gotten gains of convicted criminals. In my case, the government used civil forfeiture, which lets the government take money from people who have never been charged with any crime.

Adding insult to injury, federal civil forfeiture law does not even grant me a hearing before or soon after they snatched my account. Theyve had my money for 10 months. Ive been forced to spend thousands of dollars on lawyers just to get a hearing before a judge. Even more bizarre, under civil forfeiture, the governments case is not against me, but against my property.

This is why the official case has the ridiculous name, United States of America v. $35,651.11 in U.S. Currency. This is not just absurd; its unconstitutional.

That is why I joined with the Institute for Justice, a public-interest law firm that defends property rights nationwide, to sue the government in federal court. I have done nothing wrong.

I am a law-abiding American citizen who wants the IRS to respect the Constitution. The government should not use civil forfeiture to take property from people like me who have committed no crime.

We are fighting not just for my business, but for all Americans who could fall victim to civil forfeiture.

46 posted on 10/04/2013 2:46:13 PM PDT by Hot Tabasco (Ms. Muffett suffered from arachnophobia)
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To: Hot Tabasco

This crap really irritates me. They treat him like a criminal for trying to keep a secret from government when it wasn’t even what he was trying to do. Furthermore its none of government’s business how much money he puts in the bank at a given time.

If you recall, this is how they managed to embarrass Rush Limbaugh over the oxycontin. Large withdrawals from his bank account.


47 posted on 10/04/2013 2:46:43 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: Rusty0604
I wonder if this IRS factoid may have any relevance on his scrutiny.........

http://www.opensecrets.org/indivs/search.php?name=dehko&state=MI&zip=&employ=&cand=&old=Y&sort=N&capcode=c8w93&submit=Submit+your+Donor+Query

48 posted on 10/04/2013 2:51:03 PM PDT by Hot Tabasco (Ms. Muffett suffered from arachnophobia)
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To: Rusty0604; cripplecreek
Dehko family political contributions

When all else fails, follow the money trail. Could it be that Mr. Dehko was a victim of the IRS scandal?

49 posted on 10/04/2013 2:55:19 PM PDT by Hot Tabasco (Ms. Muffett suffered from arachnophobia)
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To: conservaKate
Regarding the last argument...I know the grocery business very well...and very few people use cash for large purchases anymore. It’s a debit, check or card transaction most of the time.

Except if your client demographic is mostly illegal aliens who do everything on a cash basis.

50 posted on 10/04/2013 2:59:12 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: Hot Tabasco
Someone's thinking about the big picture... good work HT.

I have major problems with both political parties and most of the political/business/media/law elite. This administration, however, has gone beyond anything that I would've imagined possible. We are rapidly descending (evolving?) into a fascist nation.

51 posted on 10/04/2013 3:01:22 PM PDT by Cap74 (You can disagree with me. You can attack me. Do not lie to me.)
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To: PapaBear3625
Except if your client demographic is mostly illegal aliens who do everything on a cash basis.

If your statement is aimed at Schott's market then that's definitely not the case.........

52 posted on 10/04/2013 3:07:40 PM PDT by Hot Tabasco (Ms. Muffett suffered from arachnophobia)
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To: conservaKate

.I know the grocery business very well...and very few people use cash for large purchases anymore.
******************************************
I’m in a heavily infested Mexican area of Florida ... what you say may be true for businesses catering to Americans ,, but the stores that carry hispanic groceries are 100% EBT and cash. Depositing $10k cash would be nothing for them.


53 posted on 10/04/2013 3:10:30 PM PDT by Neidermeyer (I used to be disgusted , now I try to be amused.)
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To: bamahead

ping


54 posted on 10/04/2013 3:10:37 PM PDT by Rusty0604
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To: Rusty0604; cripplecreek
Terry Dehko might also contact the Mackinac Center.

Now would be a good time. The Mackinac Center, ably and well led for a long time by Joe Olson, now has a new chairman of the board, Cliff Taylor, who was on the Michigan State Supreme Court. Mr. Taylor ought to be very interested in the matter.

55 posted on 10/04/2013 3:10:42 PM PDT by First_Salute (May God save our democratic-republican government, from a government by judiciary.)
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To: conservaKate
I read the pdf that discusses the plaintiff’s version.

I'll be darned if I can find it, could you please post a link to it so I can read it too? Thanks!

Oh, and by the way, I posted another link to the owner's own original statement........ya might want to check it out. See ya!

56 posted on 10/04/2013 3:11:59 PM PDT by Hot Tabasco (Ms. Muffett suffered from arachnophobia)
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To: First_Salute

I think the GOP as a whole would do well to sit down and listen to the Mackinac Center for their ideas on economic liberation of all America.


57 posted on 10/04/2013 3:13:58 PM PDT by cripplecreek (REMEMBER THE RIVER RAISIN!)
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To: First_Salute

Someone needs to find out what the name is of the Government official that Authorized this.


58 posted on 10/04/2013 3:31:08 PM PDT by VRWCarea51
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To: Hot Tabasco
Institute for Justice

Complaint filed for Terry Dehko. (PDF)

Brief in Support of Motion for Prompt Post Seizure Hearing. (PDF)

Client video.

59 posted on 10/04/2013 3:32:26 PM PDT by First_Salute (May God save our democratic-republican government, from a government by judiciary.)
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To: VRWCarea51
Someone needs to find out what the name is of the Government official that Authorized this.

As I've said before, primary targets when TSHTF should be ThOSE GIVING THE ORDERS.

60 posted on 10/04/2013 3:34:06 PM PDT by JimRed (Excise the cancer before it kills us; feed & water the Tree of Liberty! TERM LIMITS NOW & FOREVER!)
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