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------- Forwarded message follows -------
Date sent:              Fri, 31 Aug 2001 10:44:58 -0500
To:                     [EMAIL PROTECTED]
From:                   Elizabeth Wehrman <[EMAIL PROTECTED]>
Subject:                FEAR: US NH: Feds Using Drug Laws To Seize
Southern NH Property
Send reply to:          Elizabeth Wehrman <[EMAIL PROTECTED]>
Organization:           Forfeiture Endangers American Rights
http://www.fear.org/

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URL: http://www.mapinc.org/drugnews/v01.n1607.a01.html
Newshawk: Sledhead - http://www.maximizingharm.com/
Pubdate: Fri, 31 Aug 2001
Source: Concord Monitor (NH)
Copyright: 2001 Monitor Publishing Company
Contact: [EMAIL PROTECTED]
Website: http://www.cmonitor.com/
Details: http://www.mapinc.org/media/767
Author: Associated Press
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

FEDS USING DRUG LAWS TO SEIZE SOUTHERN N.H.  PROPERTY

CONCORD, N.H.  - A Windham man has become the latest target in a series
of
federal drug forfeiture cases in southern New Hampshire.

Prosecutors this week filed a sealed complaint against Timothy Bishop,
attaching his home and several other properties, vehicles and assets.

No criminal charges have been filed against Bishop.  He has an unlisted
phone number and could not be reached for comment Thursday.

Assistant U.S.  Attorney Jean Weld said she could not comment on the case
but said, "all this stuff should be public within a matter of weeks."

Previously, Weld had filed forfeiture claims in U.S.  District Court
against several other Nashua area businessmen.

One complaint alleges the owner of Sharpshooter Billiards, Francis
Calaguiro of Nashua, was involved in cocaine dealing, video gambling and
money laundering through his business.

The complaint also says Rick Stoddard of Nashua was involved in drug
dealing on his own and with Calaguiro.  According to the complaint,
undercover agents bought cocaine from Calaguiro several times.

Prosecutors have filed forfeiture claims against various properties,
including the business, Stoddard's and Calaguiro's homes, and assorted
vehicles and financial assets.  However, Sharpshooter Billiards remains
open for business while the case is pending.

Another forfeiture case was unsealed this month, but the complaint remains
sealed, so no information is available about the government's
allegations.  That case targeted Michael Gingras and Bruce Brouillard of
Nashua; Greg and Rebecca Wheeler of Litchfield, Douglas Cox of Hampton;
and
Samuel Bellavance, address unknown.  Weld declined to comment whether
prosecutors expect to file criminal charges against any of them.

However, she noted prosecutors rarely pursue forfeitures without bringing
criminal charges, though federal law allows them to do so.

Forfeiture, she said, "basically allows us to tie the property
up.  Otherwise, there wouldn't be anything left" by the time charges were
filed.

Federal law allows the government to seize any property used in drug
dealing, or property or assets bought with drug dealing proceeds.

The government can seize property without criminal charges and needs to
show only by a "preponderance of the evidence," a much lower legal standard
of proof than in criminal cases, that the property was involved in drug
dealing.

In Bishop's case, the government has filed claims against his home in
Windham, and what appear to be rental properties in Windham, and Lowell
and
Chelmsford, Mass.

The government also filed claims on various bank and investment accounts,
as well as three cars, one pickup truck and two motorcycles.

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