True Vermont

The government filed an unopposed motion for a stay (temporary cessation of activity) in the Lambda Iota fraternity house forfeiture case, and Judge Sessions recently granted it.  In support of its motion the government stated that “Investigation into additional activities and/or members of the conspiracy is ongoing…” and “deponents in the civil case will likely include federal defendants and targets, as well as confidential sources and informants.  Such discovery provides early and broader discovery than would otherwise be possible in the  context of the pending criminal matter.”

So what was the hurry to file the forfeiture papers before the investigation was completed?  The house certainly wasn’t going anywhere.  And the government seems to be implying that it intends to withhold information from criminal defendants that might come out later in another proceeding.

Burlington Police Chief Tremblay (recently appointed Commissioner of Public Safety) said of the forfeiture:  “By removing and forfeiting properties used by these drug traffickers as their base of operation, we reduce the threats to and increase the safety of our city and its citizens.”  Say what?  The dealers have already been arrested, and taking a property in which they have a miniscule interest could have no possible effect on drugs.  It’s more likely the Chief’s real interest is the 80% of funds procured from federal forteitures that are distributed to local and state law enforcement agencies.  (Rutland Herald, December 9, 2007)  How much of the nearly million dollars the Burlington police stand to gain from the Lambda Iota forfeiture will be used to reduce taxes in the Queen City?  Most likely none.  Again, it’s time to end civil forfeiture for good.