« Ind. Decisions - 7th Circuit decides one Indiana case today | Main | Ind. Law - More on: Some geek observations about HB 1175, the bill that allows agencies to charge for filling public record request »

Monday, April 08, 2013

Ind. Decisions - Bond reduction denial reversed today by COA in Acapulco restaurant chain raids

The decision by the Court of Appeals today in Adolfo Lopez v. State of Indiana (summary here) presents one aspect of an event the ILB has written about before. A Feb. 7th post, headed "State legislator appears to represent the State of Indiana in lawsuit", quoted from a story posted on the Eagle Country 99.3 FM website (see also the linked stories at the end of the Eagle report). From the story:

(Lawrenceburg, Ind.) - A lawsuit seeks to allow the State of Indiana to keep millions of dollars and property seized during an investigation into Acapulco Mexican Restaurants.

The Dearborn County Prosecutor’s Office recently filed the lawsuit on behalf of the State of Indiana against the owners of the southeast Indiana restaurant chain which was raided by Indiana State Excise Police in September. The litigation names Acapulco owners Adolfo and Maria Lopez, Benito Lopez, and others as defendants.

“The defendants have acquired real or personal property purchased with money that is traceable as proceeds of a violation of a criminal statute,” the complaint claims.

The prosecutor’s office seeks the forfeiture of $3.8 million and two homes. One is the Greendale residence of Adolfo and Maria Lopez while the other is the Batesville home of Benito Lopez. * * *

Adolfo Lopez and Benito Lopez are still awaiting trial on charges in connection with an Indiana Excise Police raid of their restaurants last September. Charges against 107 other people, many of them Acapulco employees, have been dismissed.

Posted by Marcia Oddi on April 8, 2013 02:32 PM
Posted to Ind. App.Ct. Decisions