“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.
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 youre innocent. Its 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 doesnt work, he said.
He has a stated method of obtaining his money. All he has to do is tell his case to a judge. Not a "jack booted thug". A judge. A judge in a probably very, very liberal area. Now - I repeat: why wouldn't the ACLU happily and quickly help this man out?