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Do the Feds ever admit they are wrong?

Posted by richrobinson 10 years, 7 months ago to The Gulch: General
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I was getting my hair cut the other night and the woman I go to told me an incredible story. A friend of hers and her husband moved into a new house. The husband tried selling his house but wasn't having any luck. An employee at his restaurant asked if her boyfriend could rent the house for a while. He agreed and things went well initially. It turns out the tenant was running a drug ring. The husband had asked for the rent one month and the tenant said he would pay it in cash and drop it off later. When he didn't show the husband called and left a voice mail message asking where the money was? He thought maybe he left it somewhere before he got home. Turns out the Feds had the phones tapped and concluded that he must be part of the drug ring. One day they showed up with SWAT teams and raided their house. She was handcuffed and her husband was taken into custody. They tore the house apart and found nothing. Their car was impounded and torn apart. Again, they found nothing but the last 5 years have been a living hell. The Feds refuse to give up or admit that they were wrong even though they have nothing but the one voice mail message. Attorneys they have hired have told them that they just want him to cut a deal which would be an admission of guilt. He doesn't want to do that. They have burned thru most of their savings with legal fees. The husband was forced to close his restaurant and is still on house arrest. The actual drug dealers have served their time and are now free. I wished I could give her some good advice but this is another case where a good person gets caught in the Government meat grinder and can't get out. The husband has a hearing coming up soon. He is originally from Italy and the Feds want to deport him. Amazing.


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  • Posted by Edswim 10 years, 7 months ago
    A bit surprised there aren't any Gulcher Attorneys to chime in with some options here for this couple.
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    • Posted by jabuttrick 10 years, 7 months ago
      Here's a thought: The only way this could go on for years is if the defendant is expressly waiving his speedy trial rights in hopes of resolving it short of trial. It now appears resolution will not come on any reasonable terms. Therefore, stop waiving those rights. At the next hearing, or before in writing, demand an immediate trial. Now. When the judge asks if the defendant is ready for trial say "Yes, tomorrow." That will shift the burden to the government to explain why the speedy trial rights are being denied. If the judge sets a quick trial date, the pressure shifts to the government to prepare evidence sufficient to meet its burden of proof on all elements of the offense. That may be difficult to do and may force a dismissal or acceptable plea deal. Just a thought. And remember, when it comes to legal advice you get what you pay for.
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      • Posted by term2 10 years, 7 months ago
        I dont think it pays to fight the us government in court. Better to have taken all you could and left the country somehow. Better yet to have arranged a quick getaway in advance before any problems come up. They could come up at any time actually, and you wont have time to escape when they do
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      • Posted by 10 years, 7 months ago
        Thank you. I will pass this along. I obviously don't have all the details but it sounds like they have had 2 or 3 attorneys so far. At some point the Feds should have to prove something. According to my friend all they have is the voice mail. I have to follow up and see what they have tried so far.
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        • Posted by jabuttrick 10 years, 7 months ago
          It just occurred to me that maybe, just maybe, the government has more than the voice mail. The convicted dealer may have received a reduced sentence by agreeing to testify against your barber's friend. If that is so then the case is more complex than we think and the government may be more confident in its case.
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          • Posted by 10 years, 7 months ago
            She told me that this has strained their marriage. Apparently the friend asked her husband a couple of times to come clean and admit what he was involved in. She just wanted to help. He contends that he was not involved in any way. If they do have more that would explain the deportation hearing.
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            • Posted by jabuttrick 10 years, 7 months ago
              Another thought: The defendant should ask for a preliminary hearing to get a look at what the prosecution's case is like. That should reveal if the phone message is all they have. Also, the defense should be getting discovery, i.e. a written summary of the government's evidence. The defendant may have waived his right to the preliminary hearing (or have no such right if he was indicted by a grand jury) but he cannot waive discovery.
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  • Posted by term2 10 years, 7 months ago
    Maybe it would have been better for him to just move out of the USA as soon as the problems arose. The DEA should not have the power to simply do these things. They should not get the booty from their seizures either. But they have the power, and its unlikely that will be taken away until drugs are legalized, which I would vote for IMMEDIATELY.
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  • Posted by freedomforall 10 years, 7 months ago
    I was tax audited by the IRS in 1981. I was away on business for 6 weeks and didn't get their notice until after the IRS chosen deadline. After initially disagreeing with my return the IRS did accept my documentation, and wrote a letter saying my return was fine as filed. It didn't say they were "wrong" but close enough for me.
    If that happened today they might seize my house, car, bank accounts, and all personal property as a 'legal' forfeiture.
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  • Posted by $ MichaelAarethun 10 years, 7 months ago
    Simple. Did you donate money to a Congressional. Any Congressional. They like easy to earn donations as well as the George Soros variety. They don't care where you live or in which, from which country. The way it works is you give them or their campaign fund or their house in Ireland fund what you gave to the lawyers then ask for the payback. Usually takes one phone call and then a quick earmark on the next Christmas Tree Bill. Your money is better spent bribing a congressional than on lawyers and for sure if they aren't exempt their staff will explain the procedure. When I couldn't get copies of my federal service records I sold my vote to a Representative from the real Washington and had the papers needed within the week. Which would be cheaper and also not require a phony admission of anything. Charges dropped who cares if they weren't explained.(Naturally I didn't offer to sell my vote but I made it plain I could vote for the opposition or for anyone who get get the job done. I reckon these days that's still a threat but where I live mordida is a thing of the past. Did I vote for the guy? Hell No. That would be an admission of impropriety.
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  • Posted by Herb7734 10 years, 7 months ago
    Not amazing. Incredibly anti-American. A good lesson to remind everyone that the government is not benevolent, take nothing at face value, and check out everyone you do business with to the nth degree. Yes, there are honest people, but you can't tell the lemons from the tangerines without investigation.
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  • Posted by GaryL 10 years, 7 months ago
    I grew up under similar rules. When ever I protested the response was " Because I am your mother, I am always right".I could spend the rest of this entire discussion on the "Rights" I found wrong!
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