Comment: Very difficult to win, yes, but impossible?

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In reply to comment: Unwinnable by Design (see in situ)

Very difficult to win, yes, but impossible?

There's nothing at all right about the law being applied this way, and clearly they've stacked the deck against innocent owners. On the other hand (and correct me if I'm wrong) the "innocent owner" defense has been successful sometimes (http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?artic...). Again, I'm not defending the law, just saying that "unwinnable" seems too defeatist, if the facts are as the article describes them.

One point in their favor is that the case has gotten some national attention, such as this column by George Will:
http://www.washingtonpost.com/opinions/when-government-is-th...
"This was useful long ago against pirates, who might be out of reach but whose ill-gotten gains could be seized. The Caswells, however, are not pirates." Ideally courts are supposed to be objective, and if the facts are as the article states then the Caswell's *should* win because they meet the "innocent owner" defense. In reality courts aren't always objective, but publicity can help nudge them in that direction.

The case number seems to be "09-11635-JGD" in case anyone wants to go find some of the court documents and dig further.