From Balko...
For your “I can’t believe this stuff happens in America” files:
Calling
their conduct “constitutionally abhorrent,” a federal judge recently
chided government prosecutors for working in secret to keep millions of
dollars in cash and assets seized from a Las Vegas gambler and his
family in a decadelong bookmaking investigation.
In
his 31-page opinion, U.S. Magistrate Judge Cam Ferenbach cast light on
the little-known court process that allowed the government to file civil
forfeiture actions against Glen Cobb, his 82-year-old parents and his
stepdaughter under “super seal” with no notice to anyone — not even the
family it targeted.
Government documents filed under super seal, a
procedure overseen by the federal clerk’s office, are stored in the
court’s vault and not loaded into the electronic case management system.
The documents remain secret from the public and opposing parties.
Ferenbach
said prosecutors sought a level of secrecy normally reserved for cases
that threaten public safety or national security.
“This is unacceptable,” Ferenbach wrote in court papers only recently
made public. “Relying on various sealed and super-sealed filings, the
government asks the court to rule against private citizens, allow the
deprivation of their property and deny them a process to redress
possible violations of their constitutional rights through a secret
government action that provides no notice or opportunity to be heard.
“Saying that this would offend the Constitution is an understatement. It is constitutionally abhorrent.”
http://www.washingtonpost.com/news/the-watch/wp/2014/10/21/federal-judge-prosecutors-attempt-to-secretly-seize-13-million-was-constitutionally-abhorrent/
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