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Thursday, December 02, 2010
Ind. Courts - How are forfeitures handled in Howard County?
A lengthy story today in the Kokomo Perspective details how forfeitures are handled by the Howard County prosecutor James Fleming. A quote:
The problem in Howard County, as Fleming explained to the Perspective, is that he doesn’t use that forfeiture law at all. He uses another forfeiture law on the books that doesn’t include the school funding stipulation.The Perspective filed an Indiana open records law request for all accounting records pertaining to actions taken under IC 34-24-1 for a two-year period. Fleming responded promptly.
“Orders of Forfeiture made by Howard County Courts, pursuant to a Complaint for Forfeiture filed by the Howard County Prosecutor, are rendered under IC 34-24-2-1 through IC 34-24-2-8,” Fleming wrote in his response. “No Forfeiture Orders are rendered under IC 34-24-1.”
The laws Fleming cited are found in the chapter titled, “Civil Remedies for Racketeering Activity.” Using this forfeiture statute requires the prosecutor to prove through preponderance of evidence that a corrupt business influence violation exists, as defined under state law.
Using it, assets can be seized by law enforcement without a court order under certain conditions. Should the court find in favor of the state, the assets may be disposed of without a requirement to determine the cost of law enforcement or a requirement to turn over proceeds to the state’s general school fund.
Posted by Marcia Oddi on December 2, 2010 09:58 AM
Posted to Indiana Courts