Court: Feds Can Seize Half of House






Jun 28 12:48 PM US/Eastern







BRANFORD, Conn. (AP) - A woman who claimed she was unaware that her husband was growing pot in the basement will get to keep her half of their house, while the government can seize her husband's share, a federal appeals court has ruled.
The 2nd Circuit U.S. Court of Appeals said in a ruling Wednesday that Harold Von Hofe must forfeit his interest in the home to the federal government. However, his wife, Kathleen, does not have to because she wasn't actively involved in her husband's marijuana cultivation.
"The record is devoid of any evidence indicating her use of drugs or her involvement in any criminal activity whatsoever," the appeals court wrote.
Von Hofe, who was a teacher at Branford High School, and his wife were charged in 2001 after police raided their home and found 65 marijuana plants, glass smoking pipes and other items associated with growing marijuana.
Harold Von Hofe pleaded guilty to manufacture or distribution of a controlled substance while Kathleen Von Hofe pleaded guilty to possession of a controlled substance. Both avoided prison time and received probation.
The Von Hofes' attorney, Jonathan J. Einhorn, said Kathleen Von Hofe could get a mortgage for the government's half-interest in her home.
As of Wednesday, the couple remained in the house, valued at $248,000.
They have lived in the home since 1979 and don't have a mortgage.


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http://www.breitbart.com/article.php?id=D8Q1UDG80&show_article=1

I don't know? I just thought this was rather strange and unprecedended.

Indeed. In fact, I daresay the government is punishing the wife. Now, to own her whole house, she has to take a mortgage and pay the government for the seized property. That's outrageous! Hopefully she can contact her House rep or even Sens. Lieberman or Dodd and get some action on this.

It's not that unprecedented. She was allowing pot to be grown in the house and pled quilty to possession. I know some states are trying to crack down on drugs in this way. In Oregon they are even charging owners who rent a house if it's used for drugs in some way.

emptytomb - did you catch this part?

Quote:

...his wife, Kathleen, does not have to because she wasn't actively involved in her husband's marijuana cultivation. "The record is devoid of any evidence indicating her use of drugs or her involvement in any criminal activity whatsoever," the appeals court wrote.

The appeals court found that she wasn't guilty of anything, but then allowed the govt. to take half her house anyway. Ridiculous!

And uh... What part of the Constitution makes it even legal for the government to do this? Why do I sense another eminent domain struggle coming on?

Sorry, I wasn't very clear. I was just saying it wasn't that unprecedented not that I support it. I don't. I went to church with a guy who spent 10 years in the state pen because a house he owned was used for making meth. We really have very few rights in this country.