Dear Mr. xxxxxx, Yesterday, we secured a major victory at a federal appeals court in our quest to stop excessive fines and to restore the constitutional promise of a real day in court for every American.

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Dear John,

Yesterday, we secured a major victory at a federal appeals court in our quest to stop excessive fines and to restore the constitutional promise of a real day in court for every American. Our case challenges the U.S. Department of Labor’s prosecution of our client, a now-shuttered family farm, before an in-house federal agency judge, a system that stands in stark contrast to the requirements of Article III of the U.S. Constitution.

Let me take a moment to explain why this matters—not just for our client, but for the rule of law itself.

In early 2016, the U.S. Department of Labor sent federal agents to Sun Valley Orchards, a fourth-generation family farm in southern New Jersey. The agents delivered a letter demanding over $550,000, most of it for a single violation. Over the five years that followed, brothers Joe and Russell Marino were dragged through a series of hearings, all before judges employed by the very agency that sought to fine them. At every turn, the agency itself acted as prosecutor, judge, and jury.

Unsurprisingly, the agency prevailed at every stage. So, IJ took their case to a real court.

Article III of our Constitution ensures that, before the government can take away half a million dollars from a family farm (or anyone else), it must prove its case before a real judge—not before an agency’s own employees.

Before the 1970s, if the federal government wanted to impose a fine, it almost always had to go to federal court. Over the past few decades, however, that protection has eroded. Federal agencies have increasingly relied on administrative courts, sidestepping the judiciary and imposing monetary penalties without the constitutional safeguards promised to every citizen. Now, thousands of small businesses, family farms, and individuals face agency-imposed fines every year—without ever seeing an independent judge.

Joe Marino ([link removed] )

Joe Marino, owner of Sun Valley Orchards, is fighting against devastating penalties imposed by a system that unconstitutionally acts as prosecutor, judge, and jury.

When we filed this case, a prominent administrative law professor confidently told the lead attorney on the case it was crazy to challenge this system. But at IJ, we often do crazy, near-impossible things.

Now, a panel of the 3rd Circuit unanimously ruled that the agency’s actions violated the Constitution and that charges and fines against the farm had to be brought in an independent federal court.

Our victory is about more than one farm or one family. It’s about restoring the promise that if the government wants to impose ruinous fines and/or take your property, you will get your day in a real court before an independent judge.

Please consider making a donation to power our ability to take on cases deemed “crazy” by the legal academics and often other lawyers—and yet win groundbreaking victories for liberty. ([link removed] )

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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