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10-01-2007, 06:40 AM
DEA Ordered to Pay Back Alaska Marijuana Grower
September 27, 2007
A federal judge has ordered the Drug Enforcement Administration (DEA) to reimburse an Alaska man whose assets were seized in a raid of his marijuana-growing operation, the Fairbanks Daily News-Miner (http://newsminer.com/2007/09/22/9005) reported Sept. 22.
The DEA raided John Collette's property in 1992 and seized two aircraft, a dump truck, snow machines, a computer, and about $40,000 in cash. Collette was arrested and later pled guilty to charges of manufacturing and distributing marijuana.
However, the 9th U.S. Circuit Court of Appeals ruled that the DEA failed to give Collette proper notice of the seizures, and charged a lower court with determining how much the agency should reimburse him for his property, plus interest. Federal law requires that the government notify owners of property seizures and how they can challenge them.
The court did rule that DEA gave proper notice when seizing two of Collette's cars, a tractor, and marijuana-growing equipment.
Collette sued DEA after spending eight and a half years in prison, where he studied law.
The DEA contended that it sent Collette multiple notices of each seizure but that he intentionally ignored the letters.
September 27, 2007
A federal judge has ordered the Drug Enforcement Administration (DEA) to reimburse an Alaska man whose assets were seized in a raid of his marijuana-growing operation, the Fairbanks Daily News-Miner (http://newsminer.com/2007/09/22/9005) reported Sept. 22.
The DEA raided John Collette's property in 1992 and seized two aircraft, a dump truck, snow machines, a computer, and about $40,000 in cash. Collette was arrested and later pled guilty to charges of manufacturing and distributing marijuana.
However, the 9th U.S. Circuit Court of Appeals ruled that the DEA failed to give Collette proper notice of the seizures, and charged a lower court with determining how much the agency should reimburse him for his property, plus interest. Federal law requires that the government notify owners of property seizures and how they can challenge them.
The court did rule that DEA gave proper notice when seizing two of Collette's cars, a tractor, and marijuana-growing equipment.
Collette sued DEA after spending eight and a half years in prison, where he studied law.
The DEA contended that it sent Collette multiple notices of each seizure but that he intentionally ignored the letters.