John:

 

Today, a federal appeals court ruled that our client will get her day in court to fight for the money the government wrongfully seized from her. This important decision will make it easier for everyday people to challenge unjust civil forfeiture proceedings.

 

Rochester, New York, resident Cristal Starling was saving up to buy a food truck, when, in October 2020, police raided her apartment, looking for evidence against her now-former boyfriend. There they found and seized her $8,040 savings. Cristal wasn’t suspected of a crime, and her ex-boyfriend was acquitted, but the government refused to return her money.

 

Like many victims of civil forfeiture, Cristal couldn’t afford an attorney and tried to get her money back herself. Relying on the incorrect advice of a state prosecutor, she missed one of several deadlines, and a district court ruled that the government could keep her money by default. So, IJ stepped in and took over her case on appeal.

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“I’m happy that I was able to push through and persevere through all these filings, all this paper, and all these court proceedings. Nobody should have to fight this hard just to keep what’s theirs.”

- Cristal Starling

Today, the U.S. Court of Appeals for the 2nd Circuit completely vindicated our position. The decision correctly notes that courts should be more willing to overlook missed deadlines in civil forfeiture cases because so many litigants cannot afford a lawyer—and because forfeiture “is driven by incentive: The authorities can pocket what they can seize by forfeit.” The court even noted in a footnote that officials financially benefitting from law enforcement was a “spark that lit the French Revolution”!

 

Cristal’s case will now go back to the lower court, where she can finally make her case for innocence in front of a judge. Please consider making a donation to enable us to fight for the rights of people like Cristal and all Americans.

 

Scott

 

Scott G. Bullock

President and Chief Counsel

Institute for Justice

 

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Institute for Justice, 901 N. Glebe Road, Suite 900, Arlington, Virginia 22203

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