Source: Detroit Free PressNov.self storage 08--The federal government has been ordered to make witnesses available to testify in the case of a Fraser grocery store owner, who is fighting to get the Internal Revenue Service to return more than $35,650 it seized from the store's bank account.In an order issued Thursday, U.S. District Court Judge Terrence Berg also set an evidentiary hearing for 1:30 p.m. on Dec. 4 in federal court in Flint.The case, which involves money the IRS seized from the bank account of Schott's Market in January, has brought national attention to the practice of civil forfeiture, where the government can seize personal assets even when no criminal charges have been filed. As part of his order, Berg wants the government to explain why certain documents, such as the seizure warrant and supporting affidavit, should not be provided to the grocery store's owner, Tarik (Terry) Dehko, and his daughter, Sandy Thomas, who sued in September."We're pleased that Terry and Sandy will finally get their day in court to challenge the seizure of their store's entire bank account," said Clark Neily, an attorney with a legal group assisting Dehko and Thomas, Arlington,迷利倉Va.-based Institite for Justice, in a press release. "But the fact that it took nearly a year for them to get that hearing highlights the due process problems with civil forfeiture law. No American should have to wait so long without an opportunity to challenge the seizure of their property."The IRS claims that Dehko and Thomas skirted rules requiring bank deposits of greater than $10,000 be reported to the agency by making many smaller deposits."Yet in 2012, the IRS conducted an anti-money-laundering examination of Terry and Sandy's store, thoroughly reviewing their books and policies, and gave the store a clean bill of health," according to the press release.In addition, no charges have been filed against Dehko or his daughter in the case.Messages seeking comment have been left for an IRS spokesman.Dehko, who lives in Bloomfield Township and has owned the market on East 14 Mile since 1978, said the reason he made cash deposits often in the $9,000 range was because of limits in place because of his store's insurance policy.Copyright: ___ (c)2013 the Detroit Free Press Visit the Detroit Free Press at .freep.com Distributed by MCT Information Services迷你倉
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