$27,000 seizure in Lincoln County reveals kinks in scope of state law

The seizure of $27,000 by the Lincoln County Sheriff's Department
during a traffic stop in March has raised questions about the scope of
the state's asset forfeiture laws.

The money, which has since been returned to the owners, was seized
during a routine stop on Interstate 55 when a deputy found it in a
plastic bag in the vehicle's trunk. A thorough search of the vehicle
after the discovery failed to find any controlled substances or
illegal contraband, but deputies took the money under the state's
money-laundering statute.

The statute passed by the Mississippi Legislature in 1998 allows law
enforcement officers to seize cash - even without the presence of
illegal substances - if they suspect the money was generated through
unlawful activity. It does not specify how long a law enforcement
agency can hold the funds.

The vehicle was occupied by Palestinian immigrants Atiya Saleh and
Shareer Quattom and Jordanian immigrant Majed Atta, all of New
Orleans, who claimed the money originated from a business
transaction.

Saleh and Quattom had sold a grocery store in New Orleans to Atta
earlier in the day, and the $27,000 was part of the down payment,
Saleh said. They said they did not deposit the money in a bank because
it would be used the next day as part of a down payment on a gasoline
station.

Lincoln County Sheriff Wiley Calcote questioned that account.

"The only document they had was that they had sold one store and were
buying another store, but there was nothing tying the money to that
transaction, and they gave conflicting information about the amount
and origin of the money," Calcote said.

The three men were traveling to Jackson to help Atta move his
belongings to New Orleans when they were stopped in Lincoln County for
a traffic violation. The three gave permission for the vehicle to be
searched, and the money was found.

The men said they were handcuffed and forced to stand on the side of
the road for several hours before being taken to the county jail,
where the three said they were strip-searched.

They were released after several hours of questioning, but the
sheriff's office refused to release the money, pending further
investigation.

A careless driving citation was the only charge levied against any of
the men.

Calcote said the investigation was turned over to the Internal Revenue
Service early in the case, because they had more resources they could
devote to it.

Saleh has a theory of his own.

"My own belief is that they were trying to convince the IRS that it
was a good seizure, and they could keep the money, but they couldn't
get enough evidence that it was not legitimate," Saleh said.

Calcote and Capt. Dustin Bairfield, one of the investigating officers,
said the money would not have stayed in Lincoln County regardless of
the investigation's outcome.

"Under the money laundering statute, the money goes to the state
treasurer," Bairfield said. "We would not have received a dime of it
under state law."

Bairfield said the $27,000 was released as soon as the IRS gave its
approval.

He admits he told the men he thought the case would be resolved in
about 10 days, but he said he did not realize it would take the IRS a
month to even look at the case.

"They were informed that their money would be returned to them if it
all checked out and was found to be legitimate money," Calcote said.

Saleh said he received the full $27,000 by check Tuesday.

The Daily Leader