Prosecutors have crafted a tactic that lets the federal government weasel out of paying innocent owners the money they’re rightfully due
decision and offer the Supreme Court the opportunity to end “the judicially-created ‘get out of jail free’ card that allows the United States to evade financial responsibility for the harm it causes.”Back in May 2015, Miladis was separated but still living under the same roof with her ex-husband, Wilson Colorado, who was involved in the garment business. That month the DEA received a tip that Colorado was a drug trafficker and raided the home.
The federal government moved to dismiss the civil forfeiture lawsuits, arguing that because Colorado’s money would go to his supplier, regardless of who won, the forfeiture case was now “moot.” None of the government’s logic applied to Miladis or her money, yet the government wanted the entire case dismissed anyway.
As the Institute for Justice argued in its cert petition, Miladis and other innocent owners are caught in a “Catch-22:”
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