From: owner-fear-list@mapinc.org on behalf of Judy Osburn [4beatgait@gmail.com] Sent: Tuesday, September 30, 2008 12:18 PM To: FEAR-list Subject: FEAR: more creative forfeitures: Continuation Granted in KY Domain Seizure Case Forfeiture Action Frozen, Continuation Granted in KY Domain Seizure Case http://www.pokernews.com/news/2008/09/forfeiture-frozen-continuation-granted -kentucky-domain-seizure.htm September 27, 2008 Haley Hintze A hearing in Frankfort, Kentucky on Friday involving the court-ordered forfeiture of 141 domain names connected to online gambling resulted in a short-term victory for pro-poker forces when the forfeiture action was ordered suspended and the case continued until early October. The hearing, a follow-up to last Thursday's court-ordered seizure orchestrated by Kentucky Gov. Steve Beshear, drew multiple counsel representing the interests of poker and online gambling in its forced defense against the state. Full article at: http://www.pokernews.com/news/2008/09/forfeiture-frozen-continuation-granted -kentucky-domain-seizure.htm ****************************************************** FEAR also offers an unmoderated discussion list and digests for all lists List unsubscribe: mailto:fear-list-request@mapinc.org?Body=unsubscribe Swap to digest: mailto:owner-fear-list@mapinc.org?subject=digest ******************************************************From: owner-fear-list@mapinc.org on behalf of Judy Osburn [4beatgait@gmail.com] Sent: Tuesday, September 30, 2008 12:20 PM To: FEAR-list Subject: FEAR: earlier article on KY gambling domain name forfeiture Ky. governor seeking to block online gambling http://www.courierpress.com/news/2008/sep/23/ky-governor-seeking-block-onlin e-gambling/?partner=RSS AP report Originally published 07:48 a.m., September 23, 2008 Updated 07:48 a.m., September 23, 2008 FRANKFORT, Ky. - Kentucky's pro-gambling governor is looking to make sure all bets are off for more than 140 online gambling Web sites that operate in the state known for the world's biggest horse race. Gov. Steve Beshear said his administration has asked a Franklin County Circuit Court judge to give the state control of 141 gambling Web site domain names. Beshear said he's looking to restrict Kentuckians' access to Web sites with names that include some of the most popular gambling sites for U.S. players: bodoglife.com, doylesroom.com and fulltiltpoker.com. Full article at: http://www.courierpress.com/news/2008/sep/23/ky-governor-seeking-block-onlin e-gambling/?partner=RSS --------------------------------------------------------------------------- Attachment: http://mapinc.org/temp/14vz0cBAwVAQo.html ****************************************************** FEAR also offers an unmoderated discussion list and digests for all lists List unsubscribe: mailto:fear-list-request@mapinc.org?Body=unsubscribe Swap to digest: mailto:owner-fear-list@mapinc.org?subject=digest ******************************************************From: owner-fear-list@mapinc.org on behalf of Brenda Grantland [bgrantland1@comcast.net] Sent: Tuesday, September 30, 2008 11:09 AM To: fear-list@mapinc.org Subject: FEAR: NY: Albany County forfeiture audit: thousands missing from safe Conners audit slaps Soares' office ... again Albany Times Union - Albany,NY,USA The audit marks the first time Albany County Comptroller Michael Conners has examined the use of criminal forfeiture money by the district attorney's office ... See all stories on this topic --------------------------------------------------------------------------- Attachment: http://mapinc.org/temp/27WrYYruU5PH_.html ****************************************************** FEAR also offers an unmoderated discussion list and digests for all lists List unsubscribe: mailto:fear-list-request@mapinc.org?Body=unsubscribe Swap to digest: mailto:owner-fear-list@mapinc.org?subject=digest ******************************************************From: owner-fear-list@mapinc.org on behalf of Brenda Grantland [bgrantland1@comcast.net] Sent: Tuesday, September 30, 2008 11:04 AM To: fear-list@mapinc.org Subject: FEAR: IN: Another judge weighs in on McKinney/Muncie DTF scandal McKinney denies effort to 'end run' judge's ruling Muncie Star Press - Muncie,IN,USA "People lose all confidence in the system," Feick said, as a result of the way the Kirtz forfeiture case was handled. McKinney told the judge the intent of ... See all stories on this topic --------------------------------------------------------------------------- Attachment: http://mapinc.org/temp/16VwomQQcuJ0U.html ****************************************************** FEAR also offers an unmoderated discussion list and digests for all lists List unsubscribe: mailto:fear-list-request@mapinc.org?Body=unsubscribe Swap to digest: mailto:owner-fear-list@mapinc.org?subject=digest ******************************************************From: owner-fear-list@mapinc.org on behalf of Judy Osburn [4beatgait@gmail.com] Sent: Friday, September 26, 2008 9:00 PM To: FEAR-list Subject: FEAR: Judge to resume DTF hearings (after reviewing dozens more cases of "abandoned property" confiscations in Muncie, IN) Muncie Star Press http://www.thestarpress.com/apps/pbcs.dll/article?AID=/20080926/NEWS01/80926 0351 Judge to resume DTF hearings By RICK YENCER . ryencer@muncie.gannett.com . September 26, 2008 MUNCIE -- Money and property seized from suspected drug dealers and other alleged criminals were routinely funneled to Muncie-Delaware County Drug Task Force or city police accounts through abandoned property affidavits. Those affidavits directed more than $68,000 to police agencies -- and in some cases paid attorney fees to Delaware County Prosecutor Mark McKinney, who acted as DTF attorney while serving as deputy prosecutor -- instead of going to the county general fund, as required by law. Delaware Circuit Court 2 Judge Richard Dailey -- who earlier ruled McKinney had committed fraud on this court in his handling of drug forfeiture cases -- has now reviewed dozens of more cases from the past decade that saw abandoned property affidavits used by the DTF and Muncie police. Dailey has scheduled hearings for Oct. 14-15 on those cases, some of which saw property seized without a court order. Read remainder of article, including sampling of cases under review, at: http://www.thestarpress.com/apps/pbcs.dll/article?AID=/20080926/NEWS01/80926 0351 ****************************************************** FEAR also offers an unmoderated discussion list and digests for all lists List unsubscribe: mailto:fear-list-request@mapinc.org?Body=unsubscribe Swap to digest: mailto:owner-fear-list@mapinc.org?subject=digest ******************************************************From: owner-fear-list@mapinc.org on behalf of Judy Osburn [4beatgait@gmail.com] Sent: Thursday, September 18, 2008 12:33 PM To: FEAR-list Subject: FEAR: Herald Tribune: Lawyer gets 'paid' for fighting Bradenton City drops case to create technicallity to avoid paying $7,490 in court ordered attorney fees plus additional fees for litigated appeal: http://www.heraldtribune.com/article/20080914/COLUMNIST/809140339&SearchID=73330354804725 Lawyer gets 'paid' for fighting Bradenton Published: Sunday, September 14, 2008 at 1:00 a.m. Last Modified: Sunday, September 14, 2008 at 12:10 a.m. Saving money is good, but Bradenton should be embarrassed about the way it saved $7,000 at Varinia Van Ness's expense. ...[snip]... Police had no evidence that he was a drug dealer, robber or swindler, or anything of the kind. Still, they were suspicious, and the department wanted that money. They found an obscure misdemeanor charge: failing to report a business transaction that exceeds $10,000. It was lame and prosecutors refused to file it. But while police still had Johnson in custody with no lawyer, they got him to sign a form giving them that $10,400. He says he doesn't recall signing and certainly didn't want to give them the money, but Police Chief Mike Radzilowski insisted Johnson signed willingly. ...[snip]... ...[snip]...Judge Peter Dubensky called the city's use of the contract form "unconscionable" and said it used false pretenses to trick Johnson into a senseless agreement. The city had no basis for even seeking forfeiture, the judge wrote, and "should have known its defense was frivolous." He ordered the money returned and told the city to pay Van Ness' attorney fees of $7,490. But though the police stopped using the contracts, the city appealed the ruling. That meant more work and expense for Van Ness. Things got messy. ... full story at: http://www.heraldtribune.com/article/20080914/COLUMNIST/809140339&SearchID=73330354804725 --------------------------------------------------------------------------- Attachment: http://mapinc.org/temp/25bMjoyx_UbOc.html ****************************************************** FEAR also offers an unmoderated discussion list and digests for all lists List unsubscribe: mailto:fear-list-request@mapinc.org?Body=unsubscribe Swap to digest: mailto:owner-fear-list@mapinc.org?subject=digest ******************************************************From: owner-fear-list@mapinc.org on behalf of Brenda Grantland [bgrantland1@comcast.net] Sent: Saturday, September 06, 2008 11:31 AM To: fear-list@mapinc.org Subject: FEAR: IN: Disciplinary commission probes McKinney DTF cases The story about Indiana prosecutor McKinney making 25% commission off civil forfeiture cases he prosecuted for Muncie DTF while working full time as a county prosecutor has more than legs. Thanks to the diligent investigative work of Judge Dailey, the Indiana State Supreme Court disciplinary commission is now investigating. For once it looks like a crooked prosecutor will actually get punished for his misconduct. Panel seeks files in McKinney DTF cases Muncie Star Press - Muncie,IN,USA Some of the cases were those in which McKinney was a full-time prosecutor and also signed pleadings in civil forfeiture cases. ... See all stories on this topic --------------------------------------------------------------------------- Attachment: http://mapinc.org/temp/287w3PYlNZZo6.html ****************************************************** FEAR also offers an unmoderated discussion list and digests for all lists List unsubscribe: mailto:fear-list-request@mapinc.org?Body=unsubscribe Swap to digest: mailto:owner-fear-list@mapinc.org?subject=digest ******************************************************From: owner-fear-list@mapinc.org on behalf of Brenda Grantland [bgrantland1@comcast.net] Sent: Monday, September 01, 2008 10:46 AM To: fear-list@mapinc.org Subject: FEAR: IN: Muncie DTF practices pre-date McKinney's involvement Column: Forfeiture practices pre-date McKinney's involvement Muncie Star Press - Muncie,IN,USA For about 12 years prior to becoming prosecutor in 2007, McKinney, a deputy prosecutor, handled most civil forfeiture proceedings as a private attorney, ... See all stories on this topic --------------------------------------------------------------------------- Attachment: http://mapinc.org/temp/22u7v9RYvIGgc.html ****************************************************** FEAR also offers an unmoderated discussion list and digests for all lists List unsubscribe: mailto:fear-list-request@mapinc.org?Body=unsubscribe Swap to digest: mailto:owner-fear-list@mapinc.org?subject=digest ******************************************************