Millions of dollars illegally seized from FedEx packages: Lawsuit

LAUREN TAYLOR

FEDEX DELIVERS OVER 3 BILLION PACKAGES A YEAR—WHAT’S INSIDE THE PACKAGES CAN BE ANYTHING – CLOTHES, TOYS, FOOD AND EVEN MONEY.

BUT A NEW CLASS ACTION LAWSUIT SAYS NOT ALL THE MONEY IN THOSE FEDEX PACKAGES IS GOING TO THE RIGHTFUL RECIPIENT.

ACCORDING TO THE INSTITUTE FOR JUSTICE – THE NONPROFIT LIBERTARIAN LAW FIRM REPRESENTING THE PLAINTIFFS – LAW ENFORCEMENT AND PROSECUTORS ARE SEIZING MILLIONS OF DOLLARS A YEAR IN CASH FROM THESE PACKAGES THAT ARE BEING SENT THROUGH THE FEDEX EXPRESS WORLD HUB IN INDIANAPOLIS – WHERE UP TO 99 THOUSAND PACKAGES ARE PROCESSED EVERY HOUR.

AUTHORITIES CAN SEIZE THESE PACKAGES THROUGH CIVIL ASSET FORFEITURE LAWS – WHERE POLICE CAN TAKE PROPERTY IF IT IS SUSPECTED OF BEING CONNECTED TO A CRIME – EVEN WHEN NO CHARGES ARE FILED.

THE DEPARTMENT OF JUSTICE SAYS ASSET FORFEITURE IS “DESIGNED TO DEPRIVE CRIMINALS OF THE PROCEEDS OF THEIR CRIMES, TO BREAK THE FINANCIAL BACKBONE OF ORGANIZED CRIMINAL SYNDICATES AND DRUG CARTELS, AND TO RECOVER PROPERTY THAT MAY BE USED TO COMPENSATE VICTIMS AND DETER CRIME.”

THE INSTITUTE FOR JUSTICE SAYS THE LEGAL PROCESS QUOTE “TURNS JUSTICE ON ITS HEAD, MAKING COPS INTO ROBBERS RATHER THAN CRIME FIGHTERS.”

IN ITS SUIT AGAINST THE STATE OF INDIANA AND THE MARION COUNTY PROSECUTOR — THE INSTITUTE SAYS THE CASH IS BEING TAKEN WITHOUT A LEGITIMATE REASON – PRESENTING THE CASE OF A COUPLE WHO OWN A WHOLESALE JEWELRY BUSINESS IN CALIFORNIA.

ACCORDING TO THE SUIT, ONE OF THEIR CUSTOMERS FROM VIRGINIA SENT THEM MONEY THROUGH FEDEX. THE PACKAGE WAS SEIZED BY AN INDIANAPOLIS OFFICER AND PROSECUTORS BEGAN FORFEITURE PROCEEDINGS TO KEEP THE CASH.

THE INSTITUTE SAYING PROSECUTORS HAVE NOT BEEN ABLE TO CONNECT THE CASH WITH A CRIME  — ADDING THAT THE REASONS GIVEN FOR ITS INITIAL SEIZURE WERE BASED IN LARGE PART ON A SLATE OF FACTUAL INACCURACIES SUCH AS THE PACKAGE NOT HAVING A SIGNATURE – WHEN IT DID — AND THE OFFICER CALLING THE PACKAGE “SUSPICIOUS” BECAUSE ALL THE SEAMS WERE SEALED WITH TAPE –

BUT AS THE INSTITUTE POINTS OUT – THAT IS A RECOMMENDATION ON THE FEDEX WEBSITE.

EARLIER THIS YEAR —  A CIVIL FORFEITURE CASE BROUGHT BEFORE THE SUPREME COURT LED TO A 6-3 RULING SAYING A PRELIMINARY HEARING TO DETERMINE WHETHER POLICE MAY KEEP THE SEIZED PROPERTY WAS NOT CONSTITUTIONALLY REQUIRED.

IN HER DISSENTING OPINION — JUSTICE SONIA SOTOMAYER WROTE THE PROCESS IS “VULNERABLE TO ABUSE” AS “POLICE AGENCIES OFTEN HAVE A FINANCIAL INCENTIVE TO SEIZE” AND KEEP THE PROPERTY.

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IN THIS CLASS ACTION LAWSUIT, THE INSTITUTE FOR JUSTICE IS SEEKING FOR THE CALIFORNIA COUPLE TO GET THEIR MONEY BACK AND FOR THE MARION COUNTY PROSECUTOR’S POLICIES TO BE DECLARED ILLEGAL AND UNCONSTITUTIONAL.

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