ABA Journal



US Attorney bullying? This time charge is lobbed by budget motel owner who fought to keep property

Jan 30, 2013, 12:00 pm CST


The community is probably fed up with the hotel, and tried to shortcut the normal state law nuisance mechanisms by going to the U.S. Attorney. Obviously somebody asked, because U.S. Attorneys don't just come up with this stuff on their own.

By B. McLeod on 2013 01 30, 1:21 pm CST

Actually McLeod, that's not what happened at all. The hotel owners worked with the local police and federal officers to help fight the drug deals happening there and get convictions of the folks perpetrating them.

Then the US Attorney's office turned on their own cooperative witnesses and tried to take their property.

That alone would be abuse, but to take those actions without a legal leg to stand on is beyond the pale.

The Boston USA's office is a joke.

By John on 2013 01 30, 1:41 pm CST

Is this a Boston thing? Like the FBI there for a while?

I'm not at all bothered by the Swartz business. Guy breaks law, probably expects to get caught, does it on principal. Is offered 6 month plea. Won't take it. Well, what did he expect? A laurel wreath for his head? Too bad he resolved it the way he did, but that was his choice.

This one seems different. Prosecuters usually only go out on a legal limb if there is some good reason. Sort of like getting Al Capone on tax evasion when it was his gangster activities which were the greatest concern. Only sort of, because they made that stick. If the judge says it was close, but you lose, you don't feel quite as badly as when you get stuffed. In most cases, the lawyer can say the client didn't take advice (at least think it). The prosecuter has rather more control.

Doesn't sound good here. Absent a belief that the owner was, if not an active participant but shy of evidence, at least winking at what was going on, why would forfeiture be sought?

By Walt Fricke on 2013 01 30, 5:02 pm CST

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