He looks like FRed Sanford.........
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.
Any law enforcement agency can confiscate any currency from anyone if there is any reason to stop that person for anything or to search his person or domicile. They only have to see it. They don’t even bother with rationalizations anymore.
Yes.......
But given the ability to steal whatever you find, wouldn't searching the victim's house now become standard procedure. Seizure funds don't go to charity, or to a general fund - the seizing department gets to keep it to use for whatever it wants. That's why cops in Podunk can play dress-up with paramilitary regalia and better armor than we can send to Afghanistan.
Many people are like that, especially older folks. They do not trust banks, savings and loans, etc. My father-in-law is like that. He keeps money hidden in strange places. They lived thru a time that saw many banks fail and investments plunge and people lose their money. They aren't interested in interest...........
And...what law would that be?
Something is wrong when "sketchy" becomes "preponderance".
I think it's $2k now.......
The sad thing is that there are too many here at FR that see how it works...and like it.
And, this is a conservative site.
He looks like FRed Sanford.........
LOL!
I can’t state Title and paragraph, but I know it exists. It has been used many times before. This is not the first incident like this. As far as I can recall, nobody ever gets their money back, ever. I’m sure the local constabulary can cite chapter and verse..........
And the fun part is that the government will use our tax money, which they did not earn, to defend their improper confiscation of this man’s money, which they did not earn.
I'm just glad the local police didn't get to spend it on SWAT gear or cars. I'll bet they were pissed when the feds swooped in like a hawk and stole their free meal!
If the government doesn't take most of your money through taxes, they can take what is left just because they feel like it.
If that happened to me, I'd probably go "postal", big time.
bttt
Coincidence, the man or a family member told the wrong person about the money in his safe, etc.
Let the government use the thieves' statements to prove the confiscated money was a result of criminal activity, instead of forcing the man to prove a negative.
“They are saying I have to prove I made it,”
Guilty until proven innocent.
“Apparently, its a crime to keep a large sum of money in your home even when you haven’t done anything wrong.”
He had drugs.
Assault an FBI (or any LE) Office? Are you smoking the weedy stuff too?
Fruit loops attack where there is a low probability of resistance,or haven’t you really thought about it?
I intially would think that controlled substances+cash= trafficking, maybe it’s just me....
The concept that these folks never had a bank acount is rather un believeable-most employers for the last 25 years or so require direct deposit, yes?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.