CONTACT: Whitney Potter (505) 266 5915 ext. 1003, Cell (505) 507 9898
ALBUQUERQUE—The federal Drug Enforcement Administration (DEA) gave back almost $23,000 to truck driver Anastasio Prieto in response to a civil rights lawsuit filed by the American Civil Liberties Union (ACLU) of New Mexico. The DEA seized the money in connection with a search of Prieto’s truck that occurred at a weigh station north of El Paso on August 8. DEA agents had no evidence that Prieto was involved in illegal activity.
“Carrying around large amounts of cash is not a crime in America,” said ACLU Executive Director Peter Simonson. “But our federal laws have so empowered law enforcement to investigate drug activity that some officers assume they can simply cut the corners and dispense with the need for actual evidence. That’s what occurred in Mr. Prieto’s case, and we were glad that our involvement could set the record straight—at least in this instance.”
While claims have been dropped against the DEA, Prieto has an ongoing lawsuit against the New Mexico state police for their role in the money seizure. During the August 8 incident, state officers—who are yet to be identified--asked to search Prieto’s truck and if it contained “needles or cash in excess of ten thousand dollars.” Prieto consented to the search and replied that, while he did not have any needles, he did have nearly $24,000 in his possession.
Officers took the money and turned it over DEA officials, who informed Prieto that he would need to prove in an administrative hearing that the money truly is his, and that it did not derive from illegal drug sales. Agents told Prieto that the process would “probably take a year.”
Simonson said, “It appears that the DEA pulled some strings to speed the process up and get Mr. Prieto’s money back to him. Probably they feared bad publicity. Most Americans are deeply offended by the notion that the government can so arbitrarily deprive a law-abiding citizen of his or her hard-earned cash.”
Both Albuquerque and Santa Fe newspapers published editorial comments decrying the DEA’s actions. [link to Journal editorial and Sandy’s column in New Mexican.]
ACLU attorneys Cid Lopez, George Bach, and Maureen Sanders filed the suit on Prieto’s behalf in federal court. The ACLU has filed a public records request with the Department of Public Safety to determine the identity of the officers who originally seized Prieto’s money.
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Related Documents:
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Press Release: DEA Takes Trucker's Money; ACLU Wants It Given Back
