Seized Cash Saga: California Family Jewelry Business Fights Indiana's Forfeiture Practices

A California-based family jewelry business is embroiled in a legal battle to reclaim ,825 in cash seized by authorities in Indiana. The Chengs, who have never set foot in the Hoosier State, are challenging the state's aggressive civil forfeiture practices, which they claim are unconstitutional and predatory.

Uncovering the Troubling Tactics of Indiana's Forfeiture Regime

A Routine Cash Transaction Turns into a Legal Nightmare

The Chengs, a family-owned jewelry business in California, recently made a bulk sale to a retailer in Virginia. When the retailer was slow to submit payment, the Chengs agreed to accept the ,825 owed to them in cash. The retailer shipped the cash through FedEx, and the parcel was routed through the Indianapolis FedEx hub, the second-largest in the United States.

Seizure and Forfeiture: Indiana's Aggressive Tactics

At the Indianapolis FedEx facility, a police officer seized the package and presented it to a K-9 unit. The police dog alerted to the parcel, allowing the authorities to obtain a search warrant and open the package. Upon finding the cash, the Marion County Prosecutor's Office filed a civil forfeiture action, claiming the money was the "proceeds of a violation of a criminal statute."

The Chengs' Struggle: Defending Their Legitimate Business Practices

The Chengs have never conducted any business in Indiana, nor have they ever set foot in the state. "The Indiana government cannot take money from people just because a shipping company routes it through Indiana," said Marie Miller, an attorney representing the Chengs. The Chengs are now forced to defend against the forfeiture action in Indiana, despite the lack of any alleged wrongdoing in the state.

A Troubling Pattern: Indiana's Forfeiture Practices Scrutinized

According to the Institute for Justice, a nonprofit law firm representing the Chengs, Indiana has begun proceedings to seize more than .5 million from in-transit parcels, and the state has already collected approximately million from these seizures. "The fact that they're fighting against Indiana's abusive practices is remarkable," said Miller, highlighting the Chengs' determination to challenge the state's aggressive forfeiture tactics.

The Chengs' Fight for Justice: Challenging the Unconstitutional Practices

The Chengs, who have operated their family jewelry business for 30 years, are determined to put a stop to Indiana's forfeiture practices. "The government can't even identify a crime that would allow them to keep the money that we need to run our business," said Henry Cheng, the co-owner of the Chengs' jewelry business. The Institute for Justice has filed a response to the forfeiture complaint, alleging that Indiana's actions are illegal and unconstitutional.

A Call for Reform: Protecting Legitimate Businesses from Predatory Forfeiture

The Chengs' case highlights the urgent need for reform in Indiana's civil forfeiture laws. "This scheme is one of the most predatory we have seen, and it's past time to put a stop to it," said Sam Gedge, a senior attorney at the Institute for Justice. The Chengs' fight not only aims to reclaim their seized cash but also to challenge the broader issue of civil forfeiture abuse, which can have devastating consequences for law-abiding citizens and businesses.