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News (Media Awareness Project) - US SC: Burkhart Files Lawsuit On State, County, Individuals
Title:US SC: Burkhart Files Lawsuit On State, County, Individuals
Published On:2002-03-12
Source:Daily Journal-Messenger, The (SC)
Fetched On:2008-01-24 17:20:38
BURKHART FILES LAWSUIT ON STATE, COUNTY, INDIVIDUALS

ANDERSON - "This isn't going to interfere with the continuation of our
investigation," Oconee County Sheriff's department special investigations
Lt. Donnie Fricks said about the lawsuit filed against the sheriff's
department, Anderson County Sheriff's Department, South Carolina Law
Enforcement Divisions and the individual agents. Janice Burkhart, widow of
suspected 20-year drug cartel leader William "Ronnie" Burkhart, filed suit
in Anderson County, claiming the involved agents and their respective
agencies ruined her reputation by filing requests for accountability
statements on more than $390,000 in cash.

In 2000, federal Drug Enforcement Agency warrants were filed on Burkhart's
property and liquid assets, which totaled more than one million dollars in
cash and lakefront properties.

During that time, federal court judge Ross Anderson placed deadlines on
agents for forthcoming arrests, insisting that he would release the seizure
warrants and subsequent case information to local authorities.

When authorities went to a Georgia bank to actually obtain the money,
however, the money was gone. Burkhart denied having any knowledge of the
missing money. Later, she pleaded guilty to charges of lying to federal
agents and concealing seizure property.

The U.S. Attorney's office failed to meet the deadlines, therefore the case
was handed down to SLED and Anderson and Oconee counties' sheriff's
departments.

Until that time, the U.S. Attorney's office only attempted to seize cash,
which totaled nearly $393,000. Local agencies, however, felt they had
sufficient evidence to pursue the cash as well as the property and seizure
warrants, which were subsequently issued.

The cash, though, was eventually passed onto the Code Law Firm, Fricks
said, minus $50,000. Eventually, the entire balance was accounted for, but
now all of the money has been "spent."

The departments have stated they want to know on what and when the nearly
$400,000 was spent, and they want documentation.

After the request for accountability was processed, Burkhart's lawyers at
Code Law Firm filed suit against the agencies and individual agents. The
130-page suit, containing dozens of pages of transcripts from an April 2001
federal court hearing, alleges that the involved agents went outside the
scope of their duties while performing a search of Burkhart's Clemson
Forest home, and that the agents deliberately tried to ruin her reputation.

Complaints about an Anderson County investigation are also cited, but
Fricks said that case was dismissed and has nothing to do with this realm
of the investigation.

"It's a very complicated case," he said. "I've been working on it for
years. But this won't hold me, the investigation will go on, and more
arrests will be made."

He would not comment on any particulars about additional arrests.

"We are not stammered by this," Fricks said. "We've performed this entire
investigation above the board."

No date has been set for preliminary hearings. Burkhart is requesting
punitive damages, but no specific amount is stated.

ANDERSON - "This isn't going to interfere with the continuation of our
investigation," Oconee County Sheriff's department special investigations
Lt. Donnie Fricks said about the lawsuit filed against the sheriff's
department, Anderson County Sheriff's Department, South Carolina Law
Enforcement Divisions and the individual agents. Janice Burkhart, widow of
suspected 20-year drug cartel leader William "Ronnie" Burkhart, filed suit
in Anderson County, claiming the involved agents and their respective
agencies ruined her reputation by filing requests for accountability
statements on more than $390,000 in cash.

In 2000, federal Drug Enforcement Agency warrants were filed on Burkhart's
property and liquid assets, which totaled more than one million dollars in
cash and lakefront properties.

During that time, federal court judge Ross Anderson placed deadlines on
agents for forthcoming arrests, insisting that he would release the seizure
warrants and subsequent case information to local authorities.

When authorities went to a Georgia bank to actually obtain the money,
however, the money was gone. Burkhart denied having any knowledge of the
missing money. Later, she pleaded guilty to charges of lying to federal
agents and concealing seizure property.

The U.S. Attorney's office failed to meet the deadlines, therefore the case
was handed down to SLED and Anderson and Oconee counties' sheriff's
departments.

Until that time, the U.S. Attorney's office only attempted to seize cash,
which totaled nearly $393,000. Local agencies, however, felt they had
sufficient evidence to pursue the cash as well as the property and seizure
warrants, which were subsequently issued.

The cash, though, was eventually passed onto the Code Law Firm, Fricks
said, minus $50,000. Eventually, the entire balance was accounted for, but
now all of the money has been "spent."

The departments have stated they want to know on what and when the nearly
$400,000 was spent, and they want documentation.

After the request for accountability was processed, Burkhart's lawyers at
Code Law Firm filed suit against the agencies and individual agents. The
130-page suit, containing dozens of pages of transcripts from an April 2001
federal court hearing, alleges that the involved agents went outside the
scope of their duties while performing a search of Burkhart's Clemson
Forest home, and that the agents deliberately tried to ruin her reputation.

Complaints about an Anderson County investigation are also cited, but
Fricks said that case was dismissed and has nothing to do with this realm
of the investigation.

"It's a very complicated case," he said. "I've been working on it for
years. But this won't hold me, the investigation will go on, and more
arrests will be made."

He would not comment on any particulars about additional arrests.

"We are not stammered by this," Fricks said. "We've performed this entire
investigation above the board."

No date has been set for preliminary hearings. Burkhart is requesting
punitive damages, but no specific amount is stated.
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