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Bluelight Crew
TEWKSBURY, Mass. — Russ Caswell remembers driving a bulldozer at age 11 to help clear farmland for his father to build the Motel Caswell in the 1950s.
Six decades later, the family's $57-per-night budget motel is a sought-after property, not because of the cheap accommodations, but because the federal government says it is a magnet for drug deals.
Caswell is fighting a move by the U.S. Department of Justice to take his motel under a law that allows for the forfeiture of properties connected to crimes. In Caswell's case, the government is not claiming that Caswell committed any crimes, but says the motel should be shut down because of the drug-dealing that goes on among its guests.
If the government wins, under a provision of the law known as "equitable sharing," the Tewksbury police department could collect up to 80 percent of the proceeds from the sale of the motel. That would amount to more than $1 million, if the motel sells for the most recent town assessment of just over $1.5 million.
"It's about money — that's the only thing I can think of," said Caswell, 68, who took over the family business in 1983.
In its petition, the U.S. Attorney's Office in Boston describes eight drug arrests made at the motel between 2001 and 2008. A Tewksbury police detective said in an affidavit that the motel has been the subject of more than 100 drug investigations since 1994.
But Caswell said that number is vastly exaggerated and that the number of guests arrested for buying or selling drugs on his property amounts to a tiny fraction of the thousands who stay at the motel every year.
. . .
While criminal forfeiture laws require someone to be convicted of a crime before property can be taken, civil forfeiture allows prosecutors to take properties without convicting anyone.
Bullock argues that equitable sharing allows federal officials to circumvent state forfeiture laws, which are generally more protective of property owners. In Massachusetts, state law protects property owners from forfeiture unless the property was "used in and for the business of" manufacturing or distributing illegal drugs. Under federal law, the government is only required to show that the property has been used "in any manner" to commit certain federal crimes.
With many police departments around the country struggling with budget shortfalls, Bullock said the Institute for Justice is concerned that more and more police departments will look to civil forfeiture to generate revenue.
cont. http://articles.boston.com/2011-12-29/news/30569751_1_budget-motel-drug-arrests-forfeiture
Six decades later, the family's $57-per-night budget motel is a sought-after property, not because of the cheap accommodations, but because the federal government says it is a magnet for drug deals.
Caswell is fighting a move by the U.S. Department of Justice to take his motel under a law that allows for the forfeiture of properties connected to crimes. In Caswell's case, the government is not claiming that Caswell committed any crimes, but says the motel should be shut down because of the drug-dealing that goes on among its guests.
If the government wins, under a provision of the law known as "equitable sharing," the Tewksbury police department could collect up to 80 percent of the proceeds from the sale of the motel. That would amount to more than $1 million, if the motel sells for the most recent town assessment of just over $1.5 million.
"It's about money — that's the only thing I can think of," said Caswell, 68, who took over the family business in 1983.
In its petition, the U.S. Attorney's Office in Boston describes eight drug arrests made at the motel between 2001 and 2008. A Tewksbury police detective said in an affidavit that the motel has been the subject of more than 100 drug investigations since 1994.
But Caswell said that number is vastly exaggerated and that the number of guests arrested for buying or selling drugs on his property amounts to a tiny fraction of the thousands who stay at the motel every year.
. . .
While criminal forfeiture laws require someone to be convicted of a crime before property can be taken, civil forfeiture allows prosecutors to take properties without convicting anyone.
Bullock argues that equitable sharing allows federal officials to circumvent state forfeiture laws, which are generally more protective of property owners. In Massachusetts, state law protects property owners from forfeiture unless the property was "used in and for the business of" manufacturing or distributing illegal drugs. Under federal law, the government is only required to show that the property has been used "in any manner" to commit certain federal crimes.
With many police departments around the country struggling with budget shortfalls, Bullock said the Institute for Justice is concerned that more and more police departments will look to civil forfeiture to generate revenue.
cont. http://articles.boston.com/2011-12-29/news/30569751_1_budget-motel-drug-arrests-forfeiture
