LOS ANGELES (CBS/AP) — A Rancho Cucamonga woman will get to keep $1 million that was seized by a Nebraska state trooper during a traffic stop.
The U.S. Attorney’s Office in Omaha has given up its claim to the money and will return it to Tara Mishra within about a week, said Roger Diamond, Mishra’s attorney.READ MORE: Joseph Jimenez Pleads Not Guilty By Reason Of Insanity In Corona Movie Theater Double Murder
Left unanswered is why the government gave up the fight.
“They refused to tell me,” Diamond said Wednesday.
On Tuesday, the 8th U.S. Circuit Court of Appeals granted the government’s motion to dismiss its own appeal of a federal judge’s order earlier this year to return the $1 million, plus interest, to Mishra. The 35-year-old says she earned the money over years as an exotic dancer.
John Higgins with the U.S. Attorney’s Office declined to discuss the reason for the dismissal request with The Associated Press on Wednesday, saying only that it was “an internal decision which I am not at liberty to address,” in an email.
The motion filed asking for the dismissal was a simple one-sentence request that did not give a reason.
Diamond believes the Justice Department was afraid that if the appeals court had upheld the federal judge’s decision, the case would have set a legal precedent in property seizure cases, making it harder for the government to seize property through civil forfeiture laws.
“If they thought they were going to win, they would have pursued it,” Diamond said.
The case has drawn attention to civil forfeiture laws that permit law enforcement to seize the money and property of people suspected of crimes. The laws have a lower standard of proof than criminal cases, and critics say they’re increasingly being used to take property and cash from those who are never even charged with a crime.
Diamond told KNX 1070’s Mike Landa that Nebraska law enforcement “does what a lot of state troopers do — they arbitrarily stop vehicles and they ask if they can have permission to search the vehicle. If they find money, they take it.READ MORE: Cheryl Burke Tests Positive For COVID Ahead Of 'Dancing With The Stars' Performance
“It’s called highway robbery, and it’s going on throughout the country.”