Posted on 10/08/2008 5:37:30 PM PDT by Ace's Dad
Nicholas May Soon Fly on Gulfstream G-IV
In a decision which could have wide-ranging implications for US law enforcement at all levels, US District Judge Cormac Carney told prosecutors pursuing drug and investment charges against Broadcom executive Henry T Nichols III that they went too far in seizing his Gulfstream G-IV and threatening to impound it indefinitely.
As ANN reported last week, the California businessman asked the court's permission for his family to continue flying the bizjet...
The 1993 Gulfstream, registry N2107Z, was seized in a July 16 raid at John Wayne Airport. The FBI asserts Nicholas "...distributed ecstasy, cocaine, methamphetamine and other controlled substances from 1999 to 2007, and used the G-IV to transport controlled substances to various locations, both domestically and internationally, for further distribution," according to court documents.
Nicholas' attorneys responded even if that were the case -- which, they assert, it's not -- the jet should not have been seized over allegations alone. On Monday, Judge Carney agreed.
"It's not evidence," he said. "It's been used by so many different people. Whatever testing should have been done was done. Why does the government need this airplane?"
The Los Angeles Times reports the dispute over the seized property, and specifically its status as evidence in the case, represents a potential dilemma for prosecutors.
By going after Nicholas's homes and the plane, they face the possibility that defense attorneys may demand to see any evidence implicating the plane was used to carry drugs. That could allow the defense an early look at the prosecution's strategy.
Judge Carney isn't giving prosecutors much time to pick their next move. He wants the government to return the plane immediately.
As the judge said, why does the gov’t need the plane once any tests have been done? The cops and prosecutors believe in punishing before convictions have been obtained.
I must agree with the judge on this one. I disagree bigtime with the notion of taking property before a single conviction has been obtained.
MM
ex president Bill Clinton was using this Gulfstream at Adelaide - International (ADL / YPAD)
Australia - South Australia, February 27, 2002
That looks like the type plane Rush Limbaugh owns.
Rush owns a GS-V; a bigger, more luxurious, longer-ranged aircraft.
Rush owns the later model, a Gulfstream Aerospace G-V-SP Gulfstream G550.
Nah....tricked out with “corporate seating” it’s only 14 passenger.
http://farm2.static.flickr.com/1254/605558547_6201d2a10c.jpg?v=0
This is E1B, a Gulfstream IV. The pic was taken on June 23, 2007. I am quite confident that he has upgraded to the G550.
Several shots of this one in the database as N422ML. Re-registered to N1EB, perhaps not by chance after its owner, radio host Rush Limbaugh, divorced his wife Martha, whose initials were in the original registration.
Mr. Law-and-Order Nicholas (III) is getting a taste of being part of the criminal element.
I wonder if all those political contributions to Arnie and the New Majority came his from drug dealing operation.
I wonder if all those political contributions to Arnie and the New Majority came his from drug dealing operation.
—
That’s one way to launder it.
maybe he’ll get a pardon.
Overturn RICO!!
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