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The American Nightmare That Is Civil Asset Forfeiture

Written By: Wendy McElroy  |  Posted: Tuesday, December 27th, 2011

             Being innocent does not matter. Not being arrested or convicted of a crime is no protection. With amazing ease, the government can take everything you own. And to recover it, you must prove your innocence through an expensive and difficult court proceeding in which a severely lowered standard of evidence favors the government. This is civil asset forfeiture.

            Russell and Patricia Caswell of Tewksbury, Massachusetts, know the process well. For the last two years they have battled to keep the motel that Russell's father built in 1955 and at which Russell has worked since childhood. The couple assumed ownership of Motel Caswell in the 1980s, and viewed the asset, worth approximately $1 million, as their retirement plan.

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