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Feds to return $107G they seized from NC business owner, attorneys say
Fox News ^ | May 14, 2015 | Barnini Chakraborty & Kelley Vlahos

Posted on 05/14/2015 3:57:48 PM PDT by jazusamo

Lyndon McLellan fought the law -- and apparently, he won.

The North Carolina business owner for months has been battling the federal government after IRS agents last fall seized $107,000 from him, under a controversial practice known as civil forfeiture. But his attorneys at the Institute for Justice announced Thursday that the IRS and Department of Justice have moved to dismiss the case and give him back his money.

“What’s wrong is wrong, and what the government did here was wrong,” McLellan said in a statement Thursday. “I just hope that by standing up for what’s right, it means it won’t happen to other people.”

FoxNews.com reported earlier this week on McLellan's struggle to get his money back. The Institute for Justice said the feds moved to drop their case on Wednesday. Asked about the claim, an IRS official told FoxNews.com they could not comment on the case; a representative with DOJ has not yet responded to a request for comment.

McLellan is just one of thousands of Americans the IRS has seized money from, supposedly for “structuring” funds to avoid a law requiring banks to alert the government of deposits over $10,000. The law was instituted to help the government ferret out drug dealers, terrorists or other criminals -- but the IRS occasionally flags deposits of just under $10,000 as suspicious even if there's no evident criminal wrongdoing, in turn ensnaring people who may be innocent.

(Excerpt) Read more at foxnews.com ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: North Carolina
KEYWORDS: civilforfeiture; doj; extortion; forfeiture; irs; lyndonmclellan; moneyseizure; wod
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To: dennisw

Does anyone know who in Congress first sponsored the civil forteiture law? Just curious.


21 posted on 05/14/2015 5:28:14 PM PDT by Avid Coug
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To: Mollypitcher1

He is.


22 posted on 05/14/2015 5:45:41 PM PDT by Rusty0604
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To: Avid Coug
Not sure who sponsored it, but the Comprehensive Crime Control Act of 1984 under which civil forfeiture exploded was signed into law by Ronald Reagan.
23 posted on 05/14/2015 5:47:27 PM PDT by ConservingFreedom (A government strong enough to impose your standards is strong enough to ban them.)
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To: jazusamo

The Fourth Amendment seems very clear in its wording: “The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This was an unreasonable search and seizure.


24 posted on 05/14/2015 5:51:12 PM PDT by Soul of the South (Yesterday is gone. Today will be what we make of it.)
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To: Lurkina.n.Learnin

They is us.


25 posted on 05/14/2015 5:53:00 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Avid Coug

“Does anyone know who in Congress first sponsored the civil forteiture law? Just curious.”

Henry Hyde. I once worked in a minor way on his campaign. Please forgive me.

L


26 posted on 05/14/2015 6:00:38 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: RightOnTheBorder

The sad thing is that any penalties will be paid by the tax payers and not the scum, thug .gov employees who did this.


27 posted on 05/14/2015 6:29:44 PM PDT by MtnClimber (For views of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: Mollypitcher1

Yep!


28 posted on 05/14/2015 6:40:48 PM PDT by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: Mollypitcher1

The Institute for Justice may be doing this pro bono, but there’s still the hell he had to go through.


29 posted on 05/14/2015 7:18:48 PM PDT by Excellence (Marine mom since April 11, 2014)
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