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.
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.
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Where does it say the ACLU won't take the case?
To the contrary...
The government’s Pyhrric victories at Waco and Ruby Ridge were followed by ... nothing. For 15 years. They learned the hard way that “rights” extend beyond organized paperwork. Thanks to the BoR, citizens were able to say “no!” in a way that made the feds pay attention. The gov’t didn’t try that **** again until NOLA/Katrina confiscations, which were abruptly cut short when some insiders reminded the perpetrators what would come of it, and not to go there again.
I’ve inferred that, given that the confiscation occured this last summer. I could be wrong, of course, but I seriously doubt it.
One thing I haven’t heard on this thread is how the FBI got involved. Usually they aren’t part of the process unless it is a multi-jurisdiction task force. They don’t have the authority to walk into a local jurisdiction and seize the money from the locals UNLESS there is a Federal investigation going as well. They have to ultimately make their case for forfeiture to a judge as well and as we all know, there are some very liberal jurists on the bench. And, the case would be heard in Federal Court in Northwest Ohio, (Toledo) not exactly a hot bed of conservatism.
There are other inconsistencies as well. If you break into a house, you’re a BURGLAR not a robber. Also, although the guy says he uses weed for medicinal purposes, what is his source of supply? Does he have a hydroponic operation going in the basement? I’ve spent way too many hours building a case against someone for seizure (it isn’t as easy as you all seem to think)go to court, and have a liberal judge believe some BS about a Jaguar with 20” rims, low profile tires, the stereo on the local hip-hop station and the car is only driven by the doper’s mid-60’s grandma to go back and forth to church. Can the law be abused...yes....most of the time, major departments have too much civilian review to try and BS a forfeiture case.
Lastly, in case you weren’t aware, Lima, Ohio has one of the largest organized drug trafficking operations in the midwest. There is a huge amount of drugs flowing north from Texas and an equal amount of cash going south to Mexico.
Think about YOUR finances for a minute. I would bet most of the people who work in a blue collar job ( I think the guy worked at the General Dynamics tank plant in Lima) don’t have 400K in their 401k plans let alone that kind of cash lying around the house. There is probably a lot more to this story than what has been posted.
>A government that is no better than a thief deserves no respect and obedience from me.<
I presume you are going to be voting for Ron Paul because he is the only one who will even make an effort to change these types of laws.
New Ford 500s for everyone in the office.
No, no, no. He smoked pot, so it's okay to confiscate his lifelong savings. In fact, I think it'd be okay to go ahead and take his house and cars too.
I have had clients with 250,000 in the mattress. I guess they donm’t pass your smell test. What smell test replaces due process and which amendment is it?
I’d like to see Paul given some major responsibility in the next administration. Abolishing the fed Dept of Education. Attorney General to clean up messes like this and abolish the war on drugs and such. I can’t vote for him for the big enchilada. I don’t like his national defense positions.
Well, if it were my $400,000 that they had stolen, I'd be throwing a party they day that they were lowered into the ground.
Maybe you should be adding disclaimers too, you know - just to play it safe, ;)
And disclaim what? That I wouldn't throw a party under the circumstances?
I never said that I'd "put them in the ground"; only that if I were the victim of the fibbie's theft, that I'd celebrate the demise of said thief.
Easy FRiend, easy there. I’m just spoofin’ with ya.
Have a Merry Christmas! :)
LOL, apparently so, or are you accusing the FBI of breaking the law?
So the fine now for possessing some pot in your home is $400,000?
..And it worked!
I just get pretty fired up watching the freedoms we had, even as little as 25 years ago, getting tossed aside. The 4th amendment has been desecrated, and the 6 years of Republican control did NOTHING to undo the damage. It's really sickening!
..Have a Merry Christmas! :)
And you also have a Merry Christmas.
Don’t bother to explain. Everyone here insists this guy can’t get any lawyer help because this is secretly somehow a gun case. It has nothing to do with drug money. Oh no.
“Here’s a hint: when you are a dope dealer that clearly keeps a lot of cash at his house, and then shoot another crook who tries to steal it, and the FBI was watching at least one of you before all of this happened, guess what? You might experience some issues during the investigation.”
Ok, Fine. And if the investigation does not lead to an arrest then what? If they have the goods on the guy then arrest, charge and try him. I’ve go no problem there. If they don’t or can’t prosecute then it’s legal theft. The FBI wants the money without doing all that pesky work.
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