I guy I know had a truck, which he stored at a friend’s home, while he left the state to attend to family business (out of state). One day he gets a letter from the FBI, stating that his truck was seized in a raid, and that it has been confiscated (it was being used by someone to transport illegal substances).
My question: since his truck was stolen, and he had not knowledge of what was going on, can he still lose the truck?
and, could he be actually found liable for any of the alleged illegal activities?
He’ll need to hire a lawyer to contest the forfeiture. He could be charged criminally if there is some evidence to show he was involved in a conspiracy.
Did you leave something out of the OP? I didn’t see anything about it being stolen. Unless you mean the friend wasn’t the one using it.
Sounds like an in rem (Latin for “the thing”) prosecution. The vehicle was breaking the law, in other words. This is a carry-over from British maritime/common law. If your friend can demonstrate that he had no connection to illegal activity and that his vehicle was used for illicit purposes without his consent/knowledge, then he can deal with the US Attorney’s Office and petition for it’s release under the “Innocent Owner Defense” outlined in 18 USC, Section 983.
Forfeiture used to be my job. I can say that it sometimes takes time… moving at the pace of government. On the other hand, if the AUSA/support staff handling it (and the Feebs) are willing to accept that your friend had nothing to do with the criminal activities, they’ll likely release it pretty easily. Proof that he wasn’t around will help, but the since it’s a Federal investigation (“Let’s not make a Federal case out of this!!”) there are likely a pile of Reports of Investigation, along with pen registers, possibly Title III (wiretap) info, etc.
Generally speaking, the Case Agent’s discretion, in conjunction with the USAO’s discretion, might make this fairly easy. I’ve returned firearms in a matter of days for similar situations.
If he left the truck in his friend’s care, and presumably left the keys, (“In case you need to move it to the other side of the driveway”) then it’s not theft if his buddy goes joyriding with it. It was left in his care.
Having someone misuse your property is not a crime.
OTOH, as Giant Rat says, the question is what the police have on him. I would be worried that they misinterpret what data they have, or some bozo finds it easier to make a deal and lie about your friend rather than take the rap himself. (Has happened) That old line applies about not talking to police. He should be very very careful what he says if there’s a hint he could be a suspect.
A bailor is entitled to set the terms of a bailment. If I leave you my car and tell you not to drive it, and you do, that may constitute conversion.
But is that theft? It’s a breach of the agreement, but is it criminal? It might, for example, void the insurance provisions.
Possibly. But that doesn’t matter in the forfeiture action. 18 USC §983(d):
The owner doesn’t have to prove that the use was criminal, just that he did not know the property was being used in a criminal endeavor.