THE CIVIL forfeiture "money machine" run by Philadelphia District Attorney Seth Williams may be getting shamed into submission.
Quietly yesterday, Williams' office agreed to dismiss civil-forfeiture proceedings against two Philadelphia families whose homes were in jeopardy of being seized because a family member was accused of selling drugs at the properties.
"If they don't have anything against you, they're supposed to [dismiss the case]. I didn't do anything wrong," said Somerton homeowner Christos "Chris" Sourovelis, 52.
Doila Welch, 47, whose South Philadelphia rowhouse is also home to her three children, brother and sister, was pleased.
"I'm happy they came to the decision to dismiss the case," she said. Welch, who is disabled, said others who are unfairly targeted by the city should "fight for your property, fight for your civil rights. Don't just sit there and take what they are dishing out."
She and Sourovelis are among four Philadelphians who, in August, filed a federal class-action lawsuit against the D.A.'s office seeking to rein-in its property-and-money guzzling civil-forfeiture program.
That lawsuit is moving forward to help the thousands of other innocent people ensnared by a program that was designed to catch and punish drug dealers, said Darpana Sheth, of the northern Virginia-based Institute for Justice, which filed the lawsuit on behalf of the plaintiffs.
"We won a battle but not the war. We still have to get a full ruling that the system that Philadelphia has implemented in civil forfeiture is unconstitutional," Sheth said.
District attorney backs off from taking citizens' homes - Philly.com
Showing posts with label Doila Welch. Show all posts
Showing posts with label Doila Welch. Show all posts
Wednesday, January 7, 2015
Thursday, September 4, 2014
Philadelphia Earns Millions By Seizing Cash And Homes From People Never Charged With A Crime
Law enforcement barred the family from living in their own home for over a week. The family could only return home if they banned their son from visiting and relinquished some of their constitutional rights. Adding to the cruel irony, their son has already completed rehab, ending his punishment by the city. “If this can happen to me and my family, it can happen to anybody,” Sourovelis said.
Under civil forfeiture, property owners do not have to be convicted of a crime, or even charged with one, to permanently lose their property. Instead, the government can forfeit a property if it’s found to “facilitate” a crime, no matter how tenuous the connection. So rather than sue the owner, in civil forfeiture proceedings, the government sues the property itself, leading to surreal case names like Commonwealth of Pennsylvania v. The Real Property and Improvements Known as 2544 N. Colorado St.
In other words, thanks to civil forfeiture, the government punishes innocent people for the crimes other people might have committed. Sadly, the Sourovelis family is not alone. Doila Welch faces civil forfeiture of her home, which has been in her family for 17 years, because her estranged husband, unbeknownst to her, was dealing small amounts of marijuana. Norys Hernandez and her sister co-own a rowhouse, but her sister is still barred from living there because Hernandez’s nephew was arrested for selling drugs outside her rowhouse. Welch and Hernandez have not been charged with any crime and both have joined Sourovelis as named plaintiffs in IJ’s class action against the Philadelphia forfeiture machine.
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Meanwhile, the owners who want to defend themselves and retrieve their seized property must venture to the Orwellian-sounding Courtroom 478. Despite its name, there are neither judges nor juries in Courtroom 478. Instead, there are only assistant district attorneys and a scheduler, who deal with up to 80 forfeiture cases in a single day.
With the prosecutors running this kangaroo court, the DA’s Office clearly wields enormous power. Poring over 8,000 asset forfeiture cases filed against cash in 2010, the Philadelphia City Paper found that 83 percent were decided on the very first court listing. Of those, a staggering 96 percent of the decisions favored the DA.
Philadelphia Earns Millions By Seizing Cash And Homes From People Never Charged With A Crime
1/7/2015::Updated Tags
Under civil forfeiture, property owners do not have to be convicted of a crime, or even charged with one, to permanently lose their property. Instead, the government can forfeit a property if it’s found to “facilitate” a crime, no matter how tenuous the connection. So rather than sue the owner, in civil forfeiture proceedings, the government sues the property itself, leading to surreal case names like Commonwealth of Pennsylvania v. The Real Property and Improvements Known as 2544 N. Colorado St.
In other words, thanks to civil forfeiture, the government punishes innocent people for the crimes other people might have committed. Sadly, the Sourovelis family is not alone. Doila Welch faces civil forfeiture of her home, which has been in her family for 17 years, because her estranged husband, unbeknownst to her, was dealing small amounts of marijuana. Norys Hernandez and her sister co-own a rowhouse, but her sister is still barred from living there because Hernandez’s nephew was arrested for selling drugs outside her rowhouse. Welch and Hernandez have not been charged with any crime and both have joined Sourovelis as named plaintiffs in IJ’s class action against the Philadelphia forfeiture machine.
[,,,]
Meanwhile, the owners who want to defend themselves and retrieve their seized property must venture to the Orwellian-sounding Courtroom 478. Despite its name, there are neither judges nor juries in Courtroom 478. Instead, there are only assistant district attorneys and a scheduler, who deal with up to 80 forfeiture cases in a single day.
With the prosecutors running this kangaroo court, the DA’s Office clearly wields enormous power. Poring over 8,000 asset forfeiture cases filed against cash in 2010, the Philadelphia City Paper found that 83 percent were decided on the very first court listing. Of those, a staggering 96 percent of the decisions favored the DA.
Philadelphia Earns Millions By Seizing Cash And Homes From People Never Charged With A Crime
1/7/2015::Updated Tags
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