12-13-2014
http://www.nytimes.com/2014/12/14/us/irs-asset-forfeiture-case-is-dropped-.html?_r=1
I.R.S. Asset Seizure Case Is Dropped by Prosecutors
Federal prosecutors have agreed to dismiss a case against Carole Hinders, an Iowa restaurant owner whose bank account was seized by the I.R.S. based solely on a pattern of cash deposits, Ms. Hinders lawyer said Friday.
Ms. Hinders was never accused of any crime. The Mexican restaurant she owned, Mrs. Ladys, did not accept credit cards, and she regularly deposited earnings in a bank branch a block away.
After doing business this way for nearly four decades, Ms. Hinders was told that the I.R.S. had seized $33,000 from her bank account after agents detected a pattern of deposits under $10,000.
Mr. Salzman said that early last week, he agreed to halt depositions in Ms. Hinderss case when prosecutors said they would drop it, return her money, and clear the way for her to recover interest, expenses and legal fees. He wanted a stipulated dismissal, signed by both parties, but was unable to reach an agreement with prosecutors to include language that would declare Ms. Hinders innocent.
Still at issue was whether prosecutors would drop the case with prejudice, clearing the way for Ms. Hinders to recover interest and legal costs, or without prejudice, reserving the right to reopen the case at some time, Mr. Salzman said.
http://www.nytimes.com/2014/12/14/us/irs-asset-forfeiture-case-is-dropped-.html?_r=1
I.R.S. Asset Seizure Case Is Dropped by Prosecutors
Federal prosecutors have agreed to dismiss a case against Carole Hinders, an Iowa restaurant owner whose bank account was seized by the I.R.S. based solely on a pattern of cash deposits, Ms. Hinders lawyer said Friday.
Ms. Hinders was never accused of any crime. The Mexican restaurant she owned, Mrs. Ladys, did not accept credit cards, and she regularly deposited earnings in a bank branch a block away.
After doing business this way for nearly four decades, Ms. Hinders was told that the I.R.S. had seized $33,000 from her bank account after agents detected a pattern of deposits under $10,000.
Mr. Salzman said that early last week, he agreed to halt depositions in Ms. Hinderss case when prosecutors said they would drop it, return her money, and clear the way for her to recover interest, expenses and legal fees. He wanted a stipulated dismissal, signed by both parties, but was unable to reach an agreement with prosecutors to include language that would declare Ms. Hinders innocent.
Still at issue was whether prosecutors would drop the case with prejudice, clearing the way for Ms. Hinders to recover interest and legal costs, or without prejudice, reserving the right to reopen the case at some time, Mr. Salzman said.
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