NPR reports
The law states that authorities can confiscate your money without ever charging you with a crime, as long as they can prove it's tied to illegal activity -- but sometimes it happens even when they can't.
Jim Wells County in the southern tip of Texas, named for a 19th century political boss, has one of the most successful and aggressive highway interdiction programs in the state.
In the past four years, authorities have seized more than $1.5 million, primarily off of U.S. Highway 281 -- a prime smuggling route for drugs going north and money coming south.
"We've been working southbounders for the money and weapons that are going back to Mexico," says Capt. Ray Escamilla of the Jim Wells County Sheriff's Office. His office wall is covered with pictures -- not of dope busts, but of piles of confiscated cash. He recalls some of the big ones: "October 2001, $105,000. November 2003, $99,000. October 2004, $668,000."
By seizing money from drug cartel couriers, the sheriff's department -- once underfunded and poorly equipped -- now can rely on drug assets for a third of its budget.
"We've helped the schools [with] cops in school [and] vehicles," Escamilla says. "I think every year we've bought three to four vehicles, all of our equipment, guns, high-powered rifles, all bought with forfeiture funds."
But has Jim Wells County become so reliant on seizing drug money that it's shaking down innocent motorists?
"You don't want to take the money from any John Doe," Escamilla says. "If you can't prove that it's been a criminal activity, reasonably suspicious, probable cause, you don't want to take it, 'cause it'll look bad in court."
And that's what happened in the case of Javier Gonzalez -- it looked bad in court.
'Did I Just Get Robbed?'
On Oct. 20, 2005, Gonzalez says he was driving south on U.S. Highway 281 from Austin to Brownsville to look at a car and buy a gravestone for his dying aunt. Gonzalez, who owns a car lot, was carrying $10,032 in a briefcase.
"As I was driving south, I noticed a dark bluish unmarked car that was taking radar. He basically got behind me, followed me for a while," he says.
About 90 miles north of the Mexican border, two sheriff's deputies of the Jim Wells County Task Force pulled him over for driving without a front license plate.
"He asked me to get out of the car. I did," Gonzalez says. "He asked me for my driver's license and insurance. I gave it to him. He asked me if I had weapons, drugs or large amounts of money. I told him I did."
The police video shows Gonzalez with a shaved head, wearing baggy shorts, standing beside a Mazda. The incident report states the deputies grew suspicious when Gonzalez and his passenger both appeared nervous, and a drug-sniffing dog signaled the presence of drugs. The deputies took them in for questioning and searched the car. They found no drugs or weapons. Though Gonzalez said he was a businessman and showed them a credit card printed with the name of his car lot, the officers didn't believe him.
"He suspected we were using the money to go south and buy drugs," he says.
The deputies handed Gonzalez a waiver: If he signed over the money and did not claim the currency, he could walk away free. If he did not sign the waiver, he would be arrested for money-laundering. Gonzalez signed the waiver and gave up rights to his money.
Thanks to J Godsey
Leave a comment