@@commoncents456 Not necessarly. The DOT in a southwest state had the local sheriff come in and start to confiscate equipment for settlement and the next hour they had payment given to them. You threat to take actual possions the government tends to pay up or in one Bank of America when the a branch was shut down by the local police to start taking equipment.
Especially after the story of the defendant who had an alibi against murder if it wasn't for Hertz ignoring 2 subpoenas and 3 court orders without consequence from the judge. Then the judge went forward with a trial anyway. End result: five years in prison for a murder they did not commit.
Give them each 10 days.. if the money has not been returned by the time the 10 days has passed.. give them 30 more days.. keep extending until they comply..
It's very entertaining, but it feels like some kind of political show. Are you sure her honor is not planning to run for some kind of position? Maybe state assembly or senate or whatever?
@@LambertZero do you know how legal precedents work? Any lawyer in the country working a similar case can now cite this case as a "legal precedent." Who cares if she's running for office in the future, she set a legal ruling in favor of the people over corruption in city politics that will stay on the books so long as there's an America.
@@notchomomma239 It's a valid point, and I agree, she did a good thing. It's just it looks a bit like a show. Although, to be fair, it might be mostly due to the reporting style.
The judge said, she's 'never had a civil contempt case where the defendant is a town... it's pretty standard...no different then your average, everyday deadbeat parent..'
Correct. The theory presented in court by the town legal team " we don't have HIS money" is specious. The judge correctly responded to that idea with " you have until( fill in the blank) to return the money or I will hold the town and it's officials in civil contempt of court Meaning, failure tk obey a lawful order by a judge, the named officials of the town can subject to inceration.
First time in a LONG time I've come across a news story where government officials are threatened with arrest for wrongdoing. This needs to happen a lot more often.
The thing is though, they're not threatened with jail time for their wrong doing(stealing the money), they're being threatened with arrest for disobeying a judge's order.
@@commoncents456 i HAVE NO DOUBT IT WAS DONT BY THE BOOK but most people wont-cant fight to get their money cars-houses back from the police they drag it out and people have to give up and bingo the town and police gets it.
Arrest the folks already seriously how many times will they keep disrespecting the court system and the JUDGE - if this was us - we would be in jail in a minute!
Sent it to the Feds!?!?! Once they realized that they wouldn't be able to keep they did everything they could to make it nearly impossible to get it back. Lock them all up!!!
you know what sounds even better? auctioning off public servant's property to a date to pay off the victim, they'll find 17,000 dollars in a heartbeat in fact cut out all their pensions and they'll beg for mercy
Judge should have said - You're deadline has expired to return the money. You are now in contempt. Arrest the manager and the Chief of police. You'll stay in jail until you return his money.
@@bkseitz I was about to say "this isn't money laundering because that is is reintegrating 'dirty' money back into the system"...and then I thought about it, and it absolutely is. Small town cops steal money, hand it to feds to hold until investigation/lawsuits blow over, then ask for it back.
Steve - reminds me of my situation years ago. I was arrested in 1999 and found "not guilty" ... waited a while, and had the charges expunged. I sent the forms to the state police, who deleted it from their system, and to the arresting department, which is a corrupt PD on the south side of Chicago (many of them in that area) ... when I received no answer, I went to the PD and produced the court order. They said it was "in archive" and would "take a while" to get. I contacted the chief of police, and he ignored me. So I contacted the judge... I'm pretty sure the judge reminded the chief of police that it is a felony to violate a court order in the state of IL, because I received the original documents/reports via FedEx the next day. It would have been fun seeing court officers from the county going to the PD and arresting the chief of police on a warrant for violation of a court order. Sometimes you need to "motivate" them.
The man whose money was TAKEN from him should also be awarded interest and damages. And as to who to send to arrest the Chief of Police, you can send the State Police, the Sheriff, or the U.S. Marshall's Office.
I came down here to comment this exact thing. The (city or town) Chief of Police isn't some monolithic untouchable person. There is always someone who has more power/authority.
Town to Feds: We want our money back. Feds: But you told us it was the proceeds of crime. Town: But it wasn't. We need to give it back. Feds: Sucks to be you
So the money is the proceeds of a crime, the cities crime... soooo the Feds have a point. They City is stuck with a bill for 17K, this gives me a warm feeling.
they are at it again: June 9, 2021: Mooresville was on the receiving end of a preliminary injunction Wednesday as Judge Mark Klass ruled in the favor of two men who had roughly $14,000 seized from them in May by the Mooresville Police Department.
If you read the response from the towns lawyers yesterday, they have absolutely no remorse. They said the judge is wrong, and they are right, and they are going for another appeal, and expect to win. This is insanity.
It’s all an ego thing on the lawyer and towns part. They will never admit they were wrong and that’s what’s wrong with some city/town politics now. Too many narcissistic ppl in charge.
There is abundant precedent here - transferring the money to someone else the day before a divorce court hearing general ends very badly for the soon-to-be-ex-spouse trying those shenanigans...
Can the judge not just start seizing city-owned assets to cover the costs? I'm think of that story where the man won against Bank of America and when they didn't pay up he showed up at one of the branches w/ a U-haul and started taking stuff (lawfully)
The town should find out who’s genius plan was it to suddenly ship the money to the feds once they realized the guy was going to court to get it back. They might want to take 17 grand out of that persons salary. That would be nice
Arrest him. I can't remember the name of the charge, but I've heard that if you know an asset might be forfeit or whatever in a case, you can't legally dispose of it by any means. Sending it to anyone else is definitely a violation of that. (ianal, just another loudmouth in the chats)
@@robsanchez5742 yeah they gave it to the feds. But they did it for a sneaky reason. When departments turn over money to the feds. The feds then give them a percentage of it back. So since they couldn’t legally keep it themselves. They can give it to the feds and then get a piece of it back. This was just a way to keep some of the money.
The Judge is truly an American hero in that he is not allowing the police to steal a man's property ( money ) with out just compensation, the return of his money.
Zemis is not allowing a cis non binding amalgam to have his money stolen without just compensation of money??? I don't know who you are but your a freaking genius. We must hang out, so your genius can rub off on me!
What we need is a new form of civil asset forfeiture. Like, maybe the judge will order all the office furniture in the police department sold and that money turned back over to the citizen.
Art. Municipalities don't buy furniture... They buy art. Furniture Trends come and go depending on marketing and advertising... and the season. But Priceless works of art, can be borrowed against as assets.
Part of the town's problem is that civil asset forfeiture is illegal in North Carolina (the state this is located). That's why the police were supposed to return the money when it was not part of the criminal case.
@True Jew Thats shell game, where you put something under 1 of three shells then move them around. Shill is a person payed for some sort of good review or other service.
I was wondering about that too. He had to pay the attorney to represent him in court four times. It’s almost as if they are trying to force him to spend as much money as possible because they know they were proven wrong.
9:41 The Canadian Robot Lady: I went to the bookstore and asked the sales woman, “Where’s the self-help section?” And she said, “If I told you, it would defeat the purpose.” Me: Wait, people still go to book stores? 🤔
Love it, love it, love it. Definitely should happen more often, like everyday. Corruption should be called out all the time, and the cops should be made to pay for their egos personally. No more qualified immunity, or investigations into themselves,
@@setablaze513 why? Those taxpayers voluntarily employed those thieves. "Your choices have consequences". You are responsible for the misdeeds of your employees during their employment duties. That electorate only sees the downside of poor decisions if they "take a haircut" over those decisions.
@@ludditeneaderthal The fact that modern day USA has a lot of representation without taxation renders that logic moot. Paying taxes is currently not required to be able to vote.
@@forgalzz7 EVERYBODY pays taxes. If you buy anything, you "pay taxes". Unless you live like the unibomber, including eating varmints, you are a tax payer.
Could the judge order the police department to provide a record of all communications relating to this money and its transfer to the feds. If there is a conspiracy to send it to the Feds for the sole purpose of getting out of paying him back, have someone charged with fraud (cause that's basically what that was).
Then the town should sue the feds :) But the victim shouldn't have to wait for the town to get its money back from the feds because it's the town's fault the feds wound up with it in the first place.
@@shentino Maybe throw the head honcho (mayor?) in jail for contempt? Might loosen a few strings. Maybe seize and auction off city hall's assets to pay the bill (like the city can do to YOUR assets)? Victim should be paid by the court, court to be paid by the city (courts have teeth). Too bad that won't be a thing.
If I wasn't told the meaning of the word, I'd guess it had something to do with food. I also had a crazy assumption about the meaning of "lucrative" before I learned its true meaning.
I can hear the town's argument right now if they were to try to get the money back from the Feds: "You have no right to keep the money because we had no right to give it to you because we had no right to seize it."
The Judge needs to also hold the elected officials in contempt too, town council, mayor, selectmen, whatever, they all have the authority to return the plaintiff's money.
This Judge just might be a hero for a second time to me,🎖. This case will be in my memory for the rest of my time. Both the judge, and the case, will cause me to smile. Good form your, "Honor."
I forgot about this, thanks for the follow up. I don't like the idea that the cops got away with searching the car without a warrant. No punishment for that behavior so they will keep doing it.
I hope he doesn't live there. They'll probably retaliate by stopping him for "traffic violations" all the time, and may try to set him up by planting drugs in his home or vehicle
Screwing with a judge is a very, very, bad idea, regardless where he lives. Not only do judges tend to have friends on the bench, I would not like to be part of a police force charged with false arrest and malicious prosecution. Any police officer who was ordered to arrest someone related to the judge would be well-advised to put his badge down and walk away. I am not a lawyer, this is not advice.
You send the County Sheriff, an elected Constable, or State Police to arrest a Police Chief. Here in Texas it might go to the Texas Rangers. 'and it would be hilarious...
That`s exactly what i thought..we`ve seen this before where a city PD has arrested the county sheriff and the county sheriff has arrested someone from the city PD,not sure how often it happens but it definitely has happened...
Thanks for the follow up, and explaining this so well. The man doesn't have to the $$$ that he touched with his very own fingertips...fungible is a great concept. Place the thieves in personal jeopardy and, hopefully, things will change. They should also refund legal fees and interest, otherwise, they have still stolen additional fungible funds from the citizen. Looking forward to episode three...
I loved the argument that "We gave the money away so we can't return it." The logical response from the judge would be, "Are you seriously standing here in my court and confessing on the record to one count of felony theft?"
That's when is a judge you say "okay that's fine we're going to start taking away all of your assets including your Homes, personal vehicles, everything in your bank accounts, etc in order to compensate this man" And we'll see just how motivated they get to trying to get it back
This reminds me of the case where someone gets money accidentally deposited in their checking account and then they spend it and said I can't give it back; the store has it', sue the store.
1. Love the Puddles shirt! 2. Re the little blurb at the end (about self-help)... a friend in high school had a VW Beetle and wanted to buy a book called "It's easy to fix your Volkswagen". He asked me where in the bookstore he should look for it, I told him the "fiction" section. True story!
Just love it when the nearest town makes national news. This is why I live in the county. OH, to answer your question, the Iredell Sheriff's Office would be responsible for arresting the chief since it would be a county bench warrant. If they don't want to or prefer to pass the buck, it would fall on the NCSBI.
If I were the Judge, after the Appeal was Denied, I'd look at the County Lawyer and say "Has the money been returned yet?" and when the Lawyer says no, I'd respond with "Well, the County is now in Violation of my Court Order, you now have exactly 24 hours to return the money IN FULL or I start issuing Arrest Warrants!"
The best possible outcome for that city is either those two are arrested forcing them to resign or they just see the handwriting on the wall and go quietly.
thank you for this update... i literally just randomly saw the video about the morrisville issue.. and tried to find an update on the local news yt channel.. and after few clicks... i saw this and am happy it was related.
Somebody should FOIA the town or feds to see if the town actually did transfer the money or if they lied to the court. Or was it already proven in court.
What I love most about this case is that the city has probably lost more in court costs defending themselves than it would have cost to just pay the guy his money. When you elect crooks this is what your tax dollars go to.
The city is hoping that an appeals court somewhere down the line will exonerate them. They would then a) still retain the right to conduct this type of activity and b) offset the mounting legal costs by engaging in increased forfeiture activity. Actually, mounting legal bills do not necessarily lead to more out of pocket costs. It depends on how good your insurance is.
So, could the citizens of the city sue the corrupt officials? To take the homes of the officials for their nonsense? Clearly the losses incurred by the city are due to the incompetence/greed of the officers of the city. Clearly such things as the cost of the attorney defending the city officials is personal use of city funds. Obvious civil case. (yeah, yeah, yeah. argue your case at $5 per word.)
This is absolutely precious! That is a judge I have real respect for as this decades old scam of civil asset forfeiture and charging money with a crime rather than a person just to try and avoid constitutionally protected civil rights must finally come to an end once and for all as it is inherently corrupting, as demonstrated by this very case with the town seemingly believing that they should be above and beyond the reach of the law, and the Constitution, when seizing private property without cause “just because they can”!
It sets a precedent within NC. In theory, attorneys in other jurisdictions could use it in briefs to support their rationale, although it would not be _stare decisis_ in those jurisdictions.
I'd suggest starting with the mayor and city council or whatever leadership they have.....straight to jail, do not pass go, and write a check to the guy. And, like the folks from 6 Jan, in solitary confinement. Let's go Brandon!!!!
That word " fungible" was on my list of words to look up this week I saw it on the news and had no idea what it meant Once again Steve to the literary rescue
*I can tell you who shows up to arrest the chief of police- the county sheriff! (Or the state police, if the sheriff is unavailable)...* *THANK YOU for giving us some GOOD news about “civil asset theft.” It is so rare, that when we see it, our hope is nearly restored.*
To answer your question as to who would arrest the C.O.P. If he didn't surrender himself, the warrant would go to the County Sherrif. About 20 years ago in my hometown, the C.O.P was charged with embezzlement, the warrant was served by a county sheriff deputy.
FOI requests when it comes to the accounts, to see if the money and the cheque was cashed, or not. In other words, did they tell the truth or not, in court.
Since there is a judge involved, he could just demand they provide such proof. If I were the judge, I would, as they are obviously a shady bunch of conmen & thieves.
@@robertrosenthal7264 Correct. Then you can do them for perjury. Puts the town's lawyer in a difficult position. He's not allowed to lie. He's on oath automatically. He would have to reveal who told him about the cheque. That person is then called in, put on oath, and asked to account for themselves.
Hello from the future. I had a look, and couldnt find any followups for this on google. Since it's been a month, there should be an update on if the police were jailed for contempt or not. It is strange that there is no update, considering how widely the initial story was reported on in February and April of 2021.
You asked who can you get to arrest the Chief of Police. Just get the Sheriff to do it. It would be like the police arresting the Sheriff in Rio Arriba County, New Mexico.
Finally a judge who will stand up for our constitutional rights. You should not be able to take someone’s property like that. We have been living in a police state. We are finally taking back our rights
