In the pre-dawn hours of April14th, 2021, swarms of Federal Agents from several agencies raided our home and farm. I was approached in our back yard by several agents in full tactical gear with automatic rifles aimed at me, at the same time my wife was confronted at our front door by several more agents in full tactical gear and automatic rifles.

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Over the course of the next 8 hours, my wife and I were held under armed guard while dozens of agents and tons of equipment were used to search our home, outbuildings, and property. In our estimation, 2 to 3 armored vehicles, helicopter(s), drones, all-terrain vehicles, box trucks, and somewhere between 60 and 80 agents were used. Some were even flown in from Washington, DC specifically for the raid and seizure.

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What horrendous crime could warrant such action? The unsubstantiated accusation that my home-based business was manufacturing and selling unregistered firearm parts.

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Based on these unsubstantiated accusations, our bank accounts were emptied, businesses shut down or crippled, all money was seized from the home including the rolled coins on our bookshelf (they graciously left the pennies), and all electronics were seized (including the hard drive for the security cameras).

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No firearms were seized, but parts and inventory relating to the alleged items as well as items not on the warrant were seized and taken. This included parts of rain collection systems and vacuum pump systems that were taken and catalogued as illegal firearms.

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The primary questions my wife and I were asked were about where the money was. It almost seemed as though the accusations were just a vehicle to seize the money.

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As the Civil Asset Forfeiture Law requires, they are bound by law to file criminal charges or file a civil suit for the seized property within 60 days, therefore, I believed that I would quickly be able to defend myself and have my property returned.

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Unfortunately, they have learned to manipulate the laws and the system so that after over 4 years, no criminal charges have been filed, property has not been returned, and we have been blocked from going to court.

 

Here is what has happened:

• The DOJ filed a civil asset forfeiture case against us.

• The DOJ immediately sought an indefinite stay from the court. This was granted ex parte - meaning our attorney was not notified or given the opportunity to be heard.

• We filed a civil suit against the ATF to adjudicate the legality of the products in question.

• The DOJ filed an additional civil suit against us.

• The DOJ immediately sought another indefinite stay. This was also granted ex parte.

• The DOJ petitioned our suit against them be dismissed. This was also granted ex parte.

• We filed an appeal on the dismissal of our lawsuit as our Due Process Rights are being violated with the indefinite stays placed on the other suits.

• The Appellate Court upheld the dismissal as according to them, we have a legal recourse in the other lawsuits which also have been indefinitely stayed.

 

The Department of Justice continues to argue that it is an ongoing investigation and that my lawsuit to adjudicate the legality of my products was a way to avoid prosecution. Yes, they are actually saying I want to go to court to avoid prosecution.

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UPDATE MAY 2024

• On May 9, 2024, the US Supreme Court ruled on Culley v. Marshall, 601 U.S. The ruling stated that when the Government seizes personal property, “due process requires a timely post-seizure forfeiture hearing”.

• Based on this decision as well as previous case precedent stating that the speedy trial analysis applies to property forfeiture cases and that in United States v. $8,850, which held the deprivation of $8,850 for 18 months is a violation of the 5th Amendment to the US Constitution, we filed another motion to lift the stay.

• On 7/24/24, the UD District Court judge denied the motion even going as far as to state “ This motion fares no better.” “the motion to lift the stay is DENIED.”

 

Agents during the raid stated that the investigation had already been under way for over a year. In a binding document, a Federal Agent swore under oath that the investigation was with a Grand Jury in December of 2021 and, yet, still no charges. 

 

If they can prevent us from a speedy trial and avoid presenting evidence or back up their claims on the warrant application, then they can do this to anyone regardless of guilt or innocence.

 

Although we are at the very tip of these atrocities, this issue is critical to everyone in this country, particularly as Civil Asset Forfeiture often effects poor and minority populations the most. This issue transcends race or politics and effects all of us.

 

The continued actions by the Department of Justice bring up several questions that everyone in this country deserves an answer to.

• First and foremost, how is it that our government can send armed agents to our homes without overwhelming proof that a serious crime has been committed?

• Why are they able to prevent us from seeing any of the warrant affidavits containing their sworn accusations against us?

• Why are they continuing to say it is an ongoing investigation after over 5 years? Is the investigation actually ongoing? Exactly how long should an investigation be allowed to continue?

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They have stripped us of all resources to challenge their actions which is why we are asking for your help.