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Dismiss plea nixed in forfeiture case
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Posted on Jan 27 1999
Superior Court Judge Timothy Bellas yesterday denied a construction firm’s request to dismiss a complaint filed by the Attorney General’s Office which seek to forfeit properties confiscated at the site during an immigration raid.
Bellas said the seizure of the construction equipment at Tower Construction Corporation’s work site was valid due to a fact that DOLI officers apprehended 25 construction workers, 16 of which were found to be working illegally for the firm.
Based on the information, DOLI officers seized the construction equipment and as such, the government has made a showing that it had probable cause for its belief that the construction equipment was substantially connected with criminal activity, the court added.
Tower sought the dismissal of the action, saying a criminal conviction is required before its property can be forfeited.
But the court said, unless a forfeiture statute specifically requires it, a criminal conviction is a not a prerequisite to forfeiture.
“The court finds that forfeitures occurring through this statute are civil in nature and not criminal. Not only do the forfeiture proceed against the seized property and not against the person, there is no mention in the statute of a criminal action or conviction being a prerequisite to forfeiture,” the order said.
