Posted on 12/21/2007 12:14:30 AM PST by LibWhacker
LIMA — Two robbers who broke into Luther Ricks Sr.’s house this summer may have not gotten his life savings he had in a safe, but after the FBI confiscated it he may not get it back.
Ricks has tried to get an attorney to fight for the $402,767 but he has no money. Lima Police Department officers originally took the money from his house but the FBI stepped in and took it from the Police Department. Ricks has not been charged with a crime and was cleared in a fatal shooting of one of the robbers but still the FBI has refused to return the money, he said.
“They are saying I have to prove I made it,” he said.
The 63-year-old Ricks said he and his wife, Meredith, saved the money during their lifetime in which both worked while living a modest life.
A representative of the FBI could not be reached for comment.
During the fatal shooting incident inside the house June 30, Ricks and his son were being attacked by two men and his son was stabbed. Ricks broke free, grabbed a gun and shot to death 32-year-old Jyhno Rock inside his home at 939 Greenlawn Ave.
Police originally took the money after finding marijuana inside Ricks’ home, which Ricks said he had to help manage pain.
“I smoke marijuana. I have arthritis. I have shingles, a hip replacement,” he said.
Ricks, who is retired from Ohio Steel Foundry, said he always had a safe at home and never had a bank account.
American Civil Liberties Union of Ohio Legal Director Jeff Gamso said Ricks has a tough road ahead, not impossible, but tough to get back his money.
“The law of forfeiture basically says you have to prove you’re innocent. It’s terrible, terrible law,” he said.
The law is tilted in favor of the FBI in that Ricks need not be charged with a crime and the FBI stands a good chance at keeping the money, Gamso said.
“The law will presume it is the result of ill-gotten gains,” he said.
Still Ricks can pursue it and possibly convince a judge he had the money through a lifetime of savings. Asking the FBI usually doesn’t work, he said.
“The FBI, before they would give it up, would want dated receipts,” he said.
If the FBI does keep the money, it would be put toward a law enforcement use, if the city of Lima does not fight for it because the city discovered it, Gamso said.
Lima Law Director Tony Geiger said he has not been asked to stake a legal claim for the money.
Exactly what the founding fathers hoped the constitution would prevent.
This is wrong. Another example of how the so called War on Drugs is perverting justice in America.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
How screwed up is that
Yet another step toward...........
Is there a law that says you can’t have X amount of money in cash form?
G-Men, gangsters w/ a badge.
"No person shall be....deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." (The Fifth Amendment to the U.S. Constitution)
The Federals and the city should be required to prove that the cash confiscated by them from the private citizen in question was, in fact, "made" through illegal activities.
It is vile that this is happening in America.
Shouldn't the FBI have to prove that he didn't?
-PJ
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Is it against the law to have cash? No. But if you are going to keep that much cash on hand, better make sure that you’re a law abiding citizen, or you’re going to end up in a crap problem like this.
ping to this
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
Nope. Property does not have civil rights or a presumption of innocence. This is the basis of all forfeiture laws and has been upheld by the USSC.
Is it right? Personally, I think it is a travesty.
This guy will never see one thin dime of this money again. He should have opened up a savings account.
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus
I agree with everyone that this man is being unjustly robbed by the state and it’s his right to keep his life savings in a pile of cash in his home if he wants, but I’m baffled that anyone would do that. Is this poor fellow not familiar with the concepts of compound interest and investing? Also, you don’t have to worry about robbers (common or government) coming into your home and taking all the money you have in the world if you have a savings account, IRA, mutual fund, ect.
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