After Arizona law enforcement seized $39,500 from Triple J. Logistics owner Jerry Johnson, the trucker has been engaged in an uphill battle to get his hard-earned money back since 2020.
Johnson reportedly flew to Phoenix last with the cash stored in his luggage on a mission to purchase a used truck for his Maryland-based operation. Triple J. Logistics already owned a 2012 Peterbilt 587 and a 2002 Peterbilt 587 with more than 1 million miles.
The owner-operator who delivered essential goods during the height of the pandemic planned to bid on a 2016 Peterbilt 579 with a Cummins engine back in August 2020. But when he stepped off the plane, he says he was interrogated by a plainclothes officer and coerced into signing a paper that allowed state law enforcement to walk away with his money.
“As soon as I got off the plane, I went to get my checked luggage. He asked me if I was carrying any drugs, and I said no. Then he asked if I had a large sum of money. He told me the money smelled like marijuana,” Johnson said of the hour-long interrogation. “He said you can sign this paper, and you’re free to go. If you don’t sign it, he said I would be arrested for money laundering.”
Unsure of his legal rights, Johnson signed what is known as a “disclaimer of ownership.” Under duress, he failed to read the document and did not understand the concept of civil forfeiture laws.
“The government does not have to charge the property owner with any specific crime in order to seize his property, and must prove only by a preponderance of the evidence that the property is legally forfeitable,” according to Cornell Law. “After property has been seized, the burden of proof shifts to the owner, who must prove that the property was not involved in nor obtained as a result of illegal activity.”
Law enforcement never charged Johnson with a crime, and prosecutors fought his attempts to retrieve the money he earned as a truck driver. In an initial court battle, Johnson reportedly showed the court wide-reaching financial documents, including tax returns, bank statements, truck registrations, and photographs. The state, by contrast, offered no evidence a crime was committed or even planned. A judge ruled against Johnson in what many consider a wrong-headed legal principle that treats everyday citizens as if they are guilty, with the government never even accusing them of a crime.
Although civil forfeiture laws have been abused, things are slowly changing in places such as Arizona. Now, prosecutors must make a compelling case that Johnson’s used truck fund was somehow part of a criminal enterprise. With the winds of fundamental fairness shifting his way, Johnson recently won a tough appeal.
“Today’s decision points out the obvious: Jerry Johnson properly proved ownership of his money and has the right to defend it in court,” Alexa Gervasi, one of the attorneys representing Johnson, reportedly stated. “The scales are already tipped in the government’s favor in civil forfeiture, but the lower court went outside the bounds of Arizona law when it forced Jerry to prove his own innocence. We are glad that Jerry will have his day in court to defend against the unjust forfeiture of his life savings.”
Arizona made changes requiring a conviction before a civil forfeiture action can be concluded in May 2021.
Sources: landline.com, wbtw.com, law.cornell.com
He’s going to have a very hard time getting that money back.
I’ve known about the Asset Forfeiture Laws for a long time.
If you accused of being a drug trafficker and not even convicted the government can seize properties, bank accounts and pretty much anything they WA t and never give it back.
Johnson has an uphill battle ahead!
all bs the govt has too much control over every thing and if you pay cash for any item over 5k they will search and check out youre financial info ,so buyers beware and just bend over and take it like a super trumper
Know your rights. Never speak to the police, they’re not your friends. It doesn’t matter if you didn’t commit a crime. Always ask for an attorney. And never sign a damn thing they put in front of you.
Civil asset forfeiture is a way for the government, by way of its jackboots, to rob citizens of their money, homes, and property. And not a single good cop in sight doing anything about it. Per usual.
Wow. Have a little triggering event in your past maybe? I get what he was doing but traveling with 30k+ in cash? There are these things called banks that will wire money too.
The police are not the problem and the “..government, by way of its jackboots..” are not the problem. Grow up and be an adult.
Wow, idiot, also the official seen that coming from the X-rays, Wow should have drove there!!
Should have also used a cashier’s check to pay for the truck. Never travel with large suns if cash, you could be robbed by individuals or the government
somebody should have robbed the dumb bastard
It is not illegal to travel with large sums of cash. Under the Civil Asset Forfeiture laws, legal entities can seize any cash they want and say it was going to be used for an illegal activity. You are threatened with arrest if you don’t sign away your rights, however, in most cases if you do not sign the paper you won’t be arrested. This is mostly idle threat. If they do arrest you, you are generally released on your own recognizance or after appearing before a judge usually within 48 hours.
The legal entity gets to keep 90% of the cash they seize.
All of this smacks of authoritarian over reach and you would expect to find this kind of action in the old Soviet block or China.
Welcome to the new USA.
If he goes to court, he will likely win (more than98% of court cases like this awards the plaintiff), but the legal costs are usually huge.
Some states are now outlawing CAF, but not Arizona or CA yet.
My advice to someone traveling for business such as above, is have the money moved to a bank local in the area, then pick it up after you arrive. Banks normally do this as a courtesy if you ask.
Futher proves that we can’t trust government . Another black eye for cops and a two tier legal system , either you’re rich, famous , a politician or screwed .
He may have made the mistake of carrying cash but it also shows how it’s a guilty until proven innocent system we have allowed the government to become.
Bottom line, never travel with large amounts of cash. Even when traveling by car, I carefully hide any amount over a few hundred dollars. Civil forfeiture is real, and many states target travelers, simply to “seize” their money. They have even gotten credit card readers, and pull any money attached to a debit card. This is literally highway robbery. If there has been a crime committed, fine, seize the profits. But prove the crime.
Stoned dude. Louisiana had a habit of stopping high dollar cars and claiming they were bought with drug money or some other reason. Finally they got caught and a few are never going to be in law enforcement again.it is not a new scam by any reason.
Give the fucking feds hell driver!!! smell like marijuana, what bullshit and if it had $ 20’s they would fine traces of coke and if he had $ 1’s they would find strippers DNA
Way too much authority over reach by government official criminals who’s salary is paid by the citizens they steal from!
“seized”, meaning they stole his cash.
We the people keep letting this happen, no one to blame but ourselves.
In the mean time butt loads of fentanyl make it past our corrupt system and players on a daily basis. Sure the guy made a bad judgement on the cash but does that make it ok/legalfor him not to get it back. I bet someone somewhere in the enforcement circle got a self proclaimed “appropriation”. Just makes me sick. Fight it to the end Driver. Appreciate you and your tenacity.
NEVER, NEVER, NEVER carry large amounts of cash. I’ve heard horror stories of ranchers go to buy cattle carrying large amounts of cash and get stopped and the money seized because he, “could be buying drugs” with it. If your going to carry much over $500, get it in a cashiers check.
Thank you Jerry Johnson for fighting the good fight. By standing up for yourself you’re defending us all. Sadly, Uncle Sam stinks these days.
$500.00 ? Eff that. I go to seap meet ( flea market ) Auction or casino with 5xs that much. Eff the customs or whoever. They just jelly cause the gubmint robot tools. Now a couple $10 or 100, 000 k. Then thats suspect…but what do I know. Prob all kinds of pimps and Senators and Prostitue COs that amount fits into the norm. Weapons too.