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.
You don’t have to report saving your money in your home.
I know of no law to that affect.
Banks have to report transactions of $10,000 or more (it could be less now). Individuals don’t.
This is a travesty.
It's also an immoral behavior and shows lack of integrity (what you do when no one is looking).
Medicinal marijuana in Lima, Ohio? You must be joking! Potsmoker should have put his money in the bank or moved to Northern California. Motto for our legal system should long ago have been changed from “Innocent until proven guilty” to “Where there’s smoke there’s fire!” Has probably been supplying the youth of Lima for decades!
Hm, the Swiss don’t want to mess with small fry like me. Ya gots to have some serious buckage to open one of those numbered account deals.
How much isn’t enough to make me a scofflaw? We’ve established the high side I guess.
Poor man forgot this fact. Govt printed his money, it was just on loan to him.
So they decided to take it back.
/sarcasm
As I recall this happened to another man just outside Chicago in last 5 years. Had in excess of 100,000 in cash when pulled over for speeding i think.
They confiscated his money, even though he had proof that he had closed real estate deal recently.
They = Law enforcement
I am at loss when/where I read article. If I am able to locate will provide link later.
This was first I became aware that otherwise law abiding citizen could lose money without due process
If I had 400k in my car, you'd better believe I'd be driving the speed limit.
As far as having to prove his innocence to get his money back, you have it completely backwards. The government is required by the constitution to prove his guilt before punishing him. You know, that presumption of innocence thing...
From the story... 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.
Gosh, don't see any innocence being contended here. Only question is where the money came from. The person killed was Jyhno Rock, who was 31 when he died. When Jyhno was 18, he shot and killed a girl in the parking lot of his high school with a gun which was never recovered. He claimed the shooting was accidental, and police believed it. He lived in Tennessee just before the shooting - now why was he up in Ohio breaking into a guy's house who just happened to have 400k sitting in the safe? Probably saw Mr. Ricks speeding on the highway and just assumed he had a safe full of cash at home.
“Crocodile Dundee” was gunned down in Australia when the government ordered that he allow his herd of animals to be slaughtered for the greater good and he refused(I think a disease was spreading but had not affected his animals).
I suspect he's not unfamiliar with the eighth wonder of the world and that's why the money is most likely dirty.
Especially if it's been made in "dime bags".
Police wouldn't be searching his safe if this had been a routine busted-up home invasion robbery. There's more to this story.
I previously reported—here—a case where a Columbian, en route during a flight from Miami to Atlanta—had $400,000 returned to him that had been taped to his body while in flight! A "baggage exchange" with another passenger was witnessed by flight attendents. Some are just so naïve.
hes lucky they didnt take the house
Is it possible he had the weed legally for medicinal use? I don’t know. I’m asking.
The evidence can be in the money itself. If he really saved it over many years, then the bills would be dated back to when he began saving it. A comparison of the distribution of the dates in the population of his bills with that of bills now in circulation could prove that it was accumulated over the decades. I would think that the Feds already know what’s actively in circulation.
It is vile that this is happening all over America.
There, that's fixed......
In this case, the thieves had “FBI” written on their jackets.
What difference between common robbers and the FBI in this case? One uses force, the other uses force, one wishes to use the money for what they deem proper, the other wishes to use the money for what they deem proper..
Mismo y Mismo....
Actually the SCOTUS had found that the seizure must have some connection to reality, a small amount of pot leading to the confiscation of 400,000 dollars is excessive punishment INOW.
Smoking pot for a medical condition??
Well he’s obviously supporting the terrorists.
/s
I agree. They are thieves.
A warrant is supposed to describe the items being searched for IN DETAIL. It’s not a fishing expedition.
But I guess that’s only in a theoretical, perfect world.
The world the founders dreamt about and fought and died for.
Well, first, the local police stole the money - not exactly worried about governments stealing from governments.
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