Asset Forfeiture Without Criminal Charges

My question involves civil rights in the State of: ca
Police confiscated $18,000 on a traffic stop. No charges filed. From what I have read it cannot be kept because it is under $25,000 with no conviction. Also because there is no suspicion of drug activity or any crime. Income verified on bank statements.

Info at http://www.leginfo.ca.gov/cgi-bin/di...le=11469-11495 and http://www.shouselaw.com/asset_forfeiture.html

If it is evidence in an ongoing criminal investigation, they get to keep it as such until the investigation and any resulting criminal case is resolved.

Confiscation of evidence =/= asset forfeiture. It can lead to it but is not in itself synonymous from a legal standpoint.

Asset forfeiture is an entirely different beast. Has anyone at the agency told you they are going to try and seize the funds pursuant to asset forfeiture? I'm betting not.

Have you been served with any court documents along the line of Some Government V. $18000?

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Quoting aclark17

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Today I spoke with a lawyer who wanted 6000 to get it back.

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Quoting aclark17

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He said he wanted 25% and that my rights had been violated. He also said it was illegal search and seizure and suing for damages is possible.

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Your lawyer changed his mind?

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Quoting aclark17

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From what I have read it cannot be kept because it is under $25,000 with no conviction.

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They can hold the money while they investigate your alleged criminal activity. You've given us no reason to believe that the police aren't continuing to investigate you, apparently for trafficking in firearms.

Note also, the restriction you mention under Health & Safety Code Sec. 11488.4 relates to forfeiture for drug crimes (the Uniform Controlled Substances Act), and should forfeiture be sought against you one would expect it to be on the basis of alleged criminal activity that does not involve drugs.

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Quoting aclark17

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Also because there is no suspicion of drug activity.

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Forfeiture can occur in non-drug cases.

See the shouse law article under conviction requirements and exemption under 25,000. As of now the detective at the sheriffs station said he would return the money but because of the amount it needs to go through a forfeiture process.

Again, you are misunderstanding what is being said. That is referring to forfeiture under the Uniform Controlled Substances Act, i.e. drug related. Forfeiture can occur in non-drug related cases. Until you are served, you will not know under what pretense they are trying to seize the money. If it is not drug related, then the protections you keep harping on do not apply.

We'll the detective told me he was going to return property, the new detective said the state tax lien on my account is showing and he needs to first check with the tax board. I spoke with the tax board in October and had made arrangements to make payments and was sent a deferral notice!

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They are even giving drug dealers who are caught with cash, drugs and then charged their seized cash back. See this article
http://blogs.findlaw.com/california_...ized-cash.html

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I have sent my banking info for 2013 any ideas on what will happen next here?

We have been through all of this elsewhere. You were illegally working, not paying taxes and apparently illegally dealing in firearms. The money is not coming back.

There would be no justice in that I might as well have been robbed and kidnapped I have been working hard and saving money for years you and the sheriffs should stick to the facts and hard evidence at hand here my cash and paper work verifying this cash.

You have been breaking the law to accumulate the money for years. Why should the system prevailing be considered an injustice?

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Quoting aclark17

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There would be no justice in that I might as well have been robbed and kidnapped.

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Let's stick to the facts bank statements and cash the only thing you can proove is that money is mine

We are sticking to the facts. Tell it to the judge.

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Quoting aclark17

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Let's stick to the facts bank statements and cash the only thing you can proove is that money is mine

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What judge I would expect this to be settled out of court given the facts

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Quoting aclark17

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We'll the detective told me he was going to return property, the new detective said the state tax lien on my account is showing and he needs to first check with the tax board. I spoke with the tax board in October and had made arrangements to make payments and was sent a deferral notice!

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Why are you here lying about having a lawyer ready to sue the police, and telling us you can't get the money back, when you are now purporting that the police are simply going to hand the cash back to you?

Let's stick to the facts

Translation: I've been caught changing my story so now I want to see if I can muddy the waters by blaming other people

Let's stick to the facts!

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Quoting aclark17

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My question involves civil rights in the State of: ca
Police confiscated $18,000 on a traffic stop. No charges filed. From what I have read it cannot be kept because it is under $25,000 with no conviction. Also because there is no suspicion of drug activity or any crime. Income verified on bank statements.

Info at http://www.leginfo.ca.gov/cgi-bin/di...le=11469-11495 and http://www.shouselaw.com/asset_forfeiture.html

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you need to read the laws again.

but beyond that, how do you know it doesn't involved a drug crime?

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Quoting aclark17

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What judge I would expect this to be settled out of court given the facts

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If you walk up and ask them for your money and they hand it to you, it will be settled out of court. Anything else is likely to require the involvement of a court. Have you walked in and asked them for the money back? If so, their response was?

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Quoting aclark17

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Let's stick to the facts bank statements and cash the only thing you can proove is that money is mine

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the facts are:


the money was acquired through illegal means

you owe a boatload of taxes

there could be criminal charges in the pipeline for a variety of things. Two come to mind:

contracting without a license
selling guns

The facts are that I have been making large deposits and withdrawals all year the deposits were in the form of personal checks I was then pulled over with a large amount of cash.This is a civil case now and no criminal charges were filed.

No, ace, those may or may not be facts but either way they are not the ONLY facts. They may be the only ones you want to acknowledge but you don't get to just ignore the ones you don't like.

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Quoting aclark17

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The only facts are that the money was given to me by multiple people who's information is printed on the checks I withdrew this money and it was on me when I was pulled over

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So, it they were buying cocaine from you, as long as they paid you in check and as such you have proof the money came from them it would be legal?

Note that this story is not even close to consistent with the one you initially gave about how you came to have that much cash. Facts? Yes, that's a fact.

We have a large amount of cash, bank statements to verify large deposits and withdrawals these are the only facts here.

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Quoting aclark17

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We have cash, bank statements to verify large deposits and withdrawals these are the only facts here.

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that isn't even all the facts you presented here. I am certain it is not all the facts the police and/or prosecutor has.

I assure you that these are the only facts. I am expecting to get my money back next week after they have time to review my bank statements.

Your assurance is worth diddly squat.

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Quoting aclark17

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I assure you that these are the only facts. I am expecting to get my money back next week after they have time to review my bank statements.

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you cannot assure anybody of anything, especially since you most likely do not have all the facts. Other than that, if that is all the facts, then are you admitting that everything else you said were all lies?


and they aren't going to do diddly based on your bank records. If they didn't suspect criminal activity they wouldn't have taken it. Do you think you are the first person stopped that had a large sum of cash on them? It happens and unless there is a reasonable suspicion of a crime, the money gets handed back to the owner as they are allowed to leave. Them keeping it speaks volumes.

Actually the facts are you have illegally been working for years as a contractor without a license and not paying taxes on the work. Further you appear to have been dealing in guns, even though you had a prior criminal conviction. They also found several pictures of guns on you I believe. You are one the scenarios such seizures target. You also assured us elsewhere your lawyer was going to have no problem getting your money back for a percentage. We won't discuss the white funk on your junk.

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Quoting aclark17

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I assure you that these are the only facts. I am expecting to get my money back next week after they have time to review my bank statements.

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The facts of this case are as follows:

Civil forfeiture case with no criminal charges

A large amount of cash was seized during a traffic stop.
Bank statements have been provided to show the source of the money.

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I can assure you that my cash will be returned promptly.

Yeah, you keep saying that. No one believes it. I'm sure you will come back and claim it also.

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Quoting aclark17

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The facts of this case are as follows:

Civil forfeiture case with no criminal charges

A large amount of cash was seized during a traffic stop.
Bank statements have been provided to show the source of the money.

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I can assure you that my cash will be returned promptly.

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Quoting aclark17

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The facts of this case are as follows:

Civil forfeiture case with no criminal charges

A large amount of cash was seized during a traffic stop.
Bank statements have been provided to show the source of the money.

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I can assure you that my cash will be returned promptly.

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The government is the government. The bank statements you provided may have been given to the Franchise Tax Board to compare with your tax returns before the FTB releases the tax lien you say has been dealt with. It is a simple process called a "T" accounting where the credits are put on one side and the debits on the other. All bank accounts are needed and if you only provided the one you want them to see, then they may become suspicious and investigate further. They will look to see if you have enough going out to pay for your living expenses and enough coming in to cover them. Then will compare it to the amount you reported. It is amazing how powerful accounting can be. You can tell a lot about a person through accounting. Especially in regards to their finances. Even the parts they try to keep secret.

Right now, from the statement of the police officer, the money is not so much "forfeited" as held. Held pending review by the taxing authorities. If you did handle things with them properly by your agreement and the statements comport with your representations, then you will get the money back at some time. If not, then you will need to deal with them. "Sticking with the facts" means you have to deal with ALL the facts and not just the ones you want to focus upon.

It is a fact that I have only one account

But you have not shown where the money tree grows.

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Quoting aclark17

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It is a fact that I have only one account

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The deposits were made with personal checks

Please help me out here. From what you've posted here and elsewhere, I believe that the following are all facts:

1. Your name is Aron Clark [NSFW].
2. You are performing work that requires a contractor's license, even though you are not a licensed contractor.
3. You try to work as a middle man, hiring people to scout for work then trying to hire other people to do the work, but (despite knowing almost nothing about the work or business in general) sometimes end up doing the job yourself.
4. Due to your criminal record you are prohibited from owning firearms.
5. You nonetheless buy and sell firearms.
6. You buy and sell firearms across state lines.
7. You also sell various sorts of surfboards online.
8. You have had various medical problems, including a sexually transmitted disease and a psychiatric condition that resulted in your being given the anti-psychotic medication Haldol.
9. You don't pay taxes on your income.
10. You don't report income paid to your independent contractors.
11. Although you used to drive a Silverado, you now run your contracting business off of the back of your bicycle.

Yuckkkkkkk. His little stubby pic is there. Now I see why he has a confidence problem. At least the white stuff appears to be gone.

I have stated the only facts in this case. Anything else is your attempt to steal my money and the only way to even sound reasonable is for you to lie and make horrible assumptions.

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Quoting aclark17

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I have stated the only facts in this case. Anything else is your attempt to steal my money and the only way to even sound reasonable is for you to lie and make horrible assumptions.

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so troll on over to the police station and demand your money and threaten them with a lawsuit if they don't hand it over.



Let us know how that works out for you.


Oh, sorry. I meant stroll.

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Quoting aclark17

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I have stated the only facts in this case. Anything else is your attempt to steal my money and the only way to even sound reasonable is for you to lie and make horrible assumptions.

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A childish evasion, but no denial.... so you are confirming that every fact I posted is true?

You are making things up to try and steal my money

ROFLMAO Just put on your little tin hat, click your heels 3 times and repeat "There's no place like someone elses home".

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Quoting aclark17

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You are making things up to try and steal my money

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