criminal charges

Published on: January 17, 2019

Seizure of Innocent Man’s Truck Leads to Civil Forfeiture Reform Attempt

Even though he was acquitted of the criminal charge leveled against him, Aaron Dorn still lost his truck to a process known as civil asset forfeiture. Inspired by Aaron’s case, a North Dakota state representative is introducing a bill to reform civil forfeiture in the state.

Last summer, I reported on Dorn’s situation. In the fall of 2016, he had traveled from his home in New York state to join the protests against the Dakota Access Pipeline. Aaron was arrested by a police officer who claimed Dorn had attempted to ram the officer’s police car with his 2003 Chevrolet Silverado.
Continue reading

Published on: October 25, 2018

Michigan Judge Orders $6 Million Returned to Doctor in Civil Asset Forfeiture Case

by Brian Silber

A year after a Michigan doctor was acquitted of criminally overprescribing medication, a judge has ordered that the $6.2 million in assets seized during the investigation be returned to him.

Dr. Joseph Edwin Oesterling of Saginaw in Central Michigan had been accused of running a “pill mill,” a term used by investigators to describe a doctor who inappropriately gives out medication, often for non-medical reasons.
Continue reading

Published on: July 17, 2018

Utah Police Seized Over $2.5 Million in Cash and Property in 2017

by Brian Silber

Last year, police in Utah seized over $2.5 million in cash and property using civil asset forfeiture. This is a sharp increase on the $1.4 million seized in 2016, fueling concerns that property may be taken from innocent people.

Civil asset forfeiture is a system which allows law enforcement to seize property suspected of being connected to a crime. Before the property can be seized permanently, law enforcement in Utah is required to show clear, convincing evidence that it was linked to a crime. However, this requirement falls below the standard followed in criminal cases: that it must be proved “beyond reasonable doubt.” No criminal charges are needed for police to take property.
Continue reading