Highway robbery with badges. That is what Empyreal Logistics, a national armored car company, has been the victim of multiple times within the last year. Five times, drivers with the company have been pulled over for flimsy reasons with officers seizing the cash they were transporting on behalf of customers a total of three times.
No one has been arrested or charged with a crime, but if law enforcement is successful in using civil forfeiture to take the money, they will be able to spend it on themselves. The fact that the seizures defy state and federal laws is why “highway robbery” is the correct way to characterize what is going on.
It started this summer in Kansas. Empyreal Logistics provides secure cash transit for state-legal cannabis businesses. A driver was on their way to Kansas City, Missouri to pick up money from medical cannabis dispensaries when they were pulled over by a Kansas sheriff’s deputy. The driver was not cited for anything and truthfully told the deputy about their business in Kansas City.
On the return trip the next day, a deputy pulled over the car and seized $165,000. The driver wasn’t ticketed or arrested. The funds were handed over to the federal government, with the U.S. Attorney for Kansas filing a civil forfeiture action to take all of it. Under the federal “equitable sharing” program, the sheriff’s office could get up to 80% of the proceeds if the government wins.
While Empyreal’s was contesting the Kansas seizure, the San Bernardino County Sheriff started targeting vehicles transporting proceeds from state-legal businesses in California. Again, the drivers were pulled over on flimsy reasons and never arrested or given a citation. And again, the funds were handed over to the federal government for federal prosecutors to take through civil forfeiture.