He Beat the DEA After Agents Wrongly Took His Money at Atlanta Airport, But a Court Let the Government Stiff His Attorneys
July 20, 2023
ATLANTA—Beating federal prosecutors in court is no easy task. But Brian Moore’s attorneys did just that when they helped him stop the civil forfeiture of $8,500 seized from him by Drug Enforcement Administration (DEA) agents at Atlanta’s airport. Brian was never charged with a crime, and the government willingly dismissed the case and cannot file it again.
By federal law, property owners are supposed to have their attorneys’ fees paid by the government when they beat civil forfeiture. But a federal court determined that because the government gave up, Brian did not “substantially prevail” and will not be reimbursed for the cost of litigating his case. Now, the Institute for Justice (IJ) is stepping in with an appeal to the 11th U.S. Circuit Court of Appeals to help Brian win his attorneys’ fees and, more broadly, to ensure that fighting civil forfeiture does not mean losing much of what was wrongly seized in the first place.
“The government should face consequences when it files meritless civil forfeiture cases,” said IJ Attorney Joshua House. “By any definition, Brian won his case, and it is clear that Congress wanted the government to pay attorneys’ fees to property owners in these circumstances, so that victims of forfeiture abuse are made whole.”
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ATLANTA—Beating federal prosecutors in court is no easy task. But Brian Moore’s attorneys did just that when they helped him stop the civil forfeiture of […]
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