ACLU of Oklahoma Launches Investigation Into Muskogee Asset Forfeiture Case

OKLAHOMA CITY – Calling it a disturbing example of government misconduct, the top attorney for ACLU Oklahoma said the organization has launched an in-depth investigation into the asset seizure practices of the Muskogee County Sheriff, District Attorney, and other law enforcement officials.

Brady Henderson, Legal Director for ACLU Oklahoma, said his office is not only investigating the botched seizure of $53,000 belonging to a Christian band, a church, and an orphanage, but earlier seizures that appear riddled with improper practices and legal deficiencies.

The most recent case involves Eh Wah, a 40-year-old Texas man who is a refugee from Burma. Wah, a U.S. citizen, was driving through Oklahoma to Dallas after touring with the Klo & Kweh Music Team, a Christian rock group. Wah said the group had toured the United States to raise funds for a Christian college in Burma and an orphanage in Thailand.

According to a story published by the Washington Post, Muskogee County Sheriff deputies stopped Wah around 6:30 p.m. on Feb. 27. Deputies seized the cash Wah was carrying, then released him. Five weeks later Wah was charged with the crime of “acquir[ing] proceeds from drug activity, a felony.”

A Muskogee County judge then signed off on an arrest warrant for Wah even though the District Attorney and Sheriff had not provided the minimal allegations or evidence required by law for a warrant to be issued, Henderson said. The Post reported that the cash – totaling more than $53,000 – was made up of proceeds from the rock group’s concerts and donated funds for a Thailand orphanage.

Henderson said both actions were unfounded. “The statute they charged Mr. Wah with violating isn’t even a criminal statute and does not list any crimes,” he said.

Following significant media pressure, Muskogee County District Attorney Orvil Loge dropped both the civil and criminal charges against Wah. Loge told the Post he had “looked at the case and met with the officers, and determined that we would not be able to meet the burden of proof in the criminal case and in the civil case.” He said a check for the full amount of money taken from Wah would be mailed to Wah’s attorneys at The Institute for Justice as soon as possible.

ACLU of Oklahoma Executive Director Ryan Kiesel said court documents in the case – along with others in previous Muskogee County forfeitures – show serious legal problems that could spark a variety of legal actions against the public officials involved. Kiesel said the seizure and false criminal charge was another troubling example of Oklahoma’s broken asset forfeiture system.

“Eh Wah did nothing wrong,” Kiesel said. “But Muskogee County officials did everything wrong. They seized and sought to keep money they had no right to take. Then they filed a false criminal charge and got a bogus arrest warrant that took away an innocent man’s freedom. That’s about as wrong as it gets.”

Henderson said the case was symptomatic of a civil asset forfeiture system that too often is about turning a profit for elected officials rather than making the public any safer.

“Our investigation will help us answer three questions,” Henderson said. “How long has this been going on? How much has been taken? And finally, is the improper conduct due to incompetence or corruption? Eh Wah’s battle to prove his innocence might be ending, but the battle to hold the real wrongdoers accountable is just beginning.”