Motel owner faces asset forfeiture despite innocence

THE MOTEL CASWELL, a modest motel just outside of Boston, has been owned by proprietor Russell H. Caswell’s family for 60 years. Now he may lose it, if the Justice Department gets its way. The motel is the target of an asset forfeiture proceeding that entitles the federal government to seize property that has been used in the commission of a crime. This is true even if the owner is not accused of criminal wrongdoing. Local law enforcement groups that team up with the federal government may be awarded up to 80 percent of the proceeds from such seizures. According to the Institute for Justice, which is representing Mr. Caswell, such “equitable sharing” payments from the federal government to states have increased dramatically in recent years, from $200 million in 2000 to roughly $400 million in 2008. A potential windfall is not the only reason local law enforcement organizations join in these proceedings. In many cases the federal law allowing civil asset forfeiture is more relaxed than local laws, which often set much higher bars before an owner may be stripped of his property...more