-Caveat Lector- [EMAIL PROTECTED] wrote: > > > > ------------------------------------------------------------ > > Subject: FTalk: Prosecutor ordered to return $117,000 > Date: Mon, 20 Sep 1999 06:59:45 PDT > From: "Craig N." <[EMAIL PROTECTED]> > Organization: Forfeiture Endangers American Rights http://www.fear.org/ > To: [EMAIL PROTECTED] > > FEAR also offers a low-volume announcements list and digest mode for all > lists, email <[EMAIL PROTECTED]> to update your subscription. > > Prosecutor ordered to return $117,000 > Tuesday, August 17, 1999 > By JENNIFER VAN DOREN > Staff Writer > > A state judge has ordered the Passaic County Prosecutor's Office to give > back $117,000 it seized from the home of a Clifton businessman three years > ago when the man's son was arrested on drug charges. > > In a decision released Monday, Superior Court Judge Burrell I. Humphreys > said there was no evidence that the businessman, Fernando Zuniga, was > involved in his son's drug trade in 1996. > > The businessman's son, Christian Zuniga, 23, pleaded guilty to > drug-manufacturing charges and was sentenced in June 1997 to a minimum of > three years, four months and a maximum of 10 years behind bars. Corrections > officials say he has been in a halfway house since May. > > Fernando Zuniga's attorney, Pat Caserta, said his client imports spices from > Mexico and that he needs large amounts of cash on hand because the spice > trade changes quickly and purchases often need to be made on short notice. > > The bulk of the cash -- $80,000 -- was found in Fernando Zuniga's car. The > judge pointed out that police didn't have a search warrant to look inside, > but Zuniga gave them permission anyway and also told them almost exactly how > much money would be there. > > The attorney said his client was making a gross income upward of $1 million > a year buying spices in Mexico and reselling them in the United States. > > Caserta said that at one point, the Prosecutor's Office offered Christian > Zuniga a better deal if his parents gave up their claim to the money, but > that deal was rescinded. > > "This is a guy who came here from Mexico with a sixth-grade education and > had a bodega and now this is where he is," Caserta said. "If he had just > handed over the money, it would be saying it was drug money, and it wasn't; > it was from his own hard work." > > During a court session on Friday, a Clifton police officer testified that > the money still could have been used to buy drugs. Humphreys said that was > not enough reason to permanently confiscate the cash. > > "The forfeiture of property must rest on a firmer foundation of evidence, > especially when the claimant is not a criminal and the property is not found > in close proximity to the illegal drugs and other contraband," Humphreys > wrote. > > Prosecutors say Zuniga's money was one of the largest forfeiture amounts in > recent memory. > > "This is a very large amount," said Terry Bogorad, assistant county > prosecutor. "Typically, we get $50, $500 -- we get chicken feed. This was a > major case." > > In 1996 -- the year that Zuniga's $117,000 was taken -- the county > Prosecutor's Office seized a total of $412,763. > > Bogorad said it was still reasonable to assume the money came from drug > profits, because of the large amount and the volume and diversity of cocaine > found. She said both crack cocaine and powdered cocaine were seized and that > informants testified that the younger Zuniga was a midlevel drug dealer. > > Caserta said it was ridiculous to assume that Christian Zuniga could have > made that much money from selling drugs because the deals police saw were > only for about $30 each. > > Copyright � 1999 Bergen Record Corp. > > ________________________________________________________________ > Get FREE voicemail, fax and email at http://voicemail.excite.com > Talk online at http://voicechat.excite.com > > *************************************************** > To unsubscribe, email [EMAIL PROTECTED] > with this in the body: UNSUBSCRIBE fear-talk > *************************************************** DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance�not soapboxing! 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