Driving With Too Much Money: Arkansas State Police Seize $96,690

On January 27, 2021, Osamah Aburas was stopped by Texas Department of Public Safety (DPS). During that traffic stop, it emerged that Aburas was transporting a large amount of United States currency. Aburas was detained and the Criminal Investigations Division of Texas DPS investigated the situation. As part of their investigation, DPS contacted a representative at First Horizon Bank in Memphis, who confirmed that the company employing Aburas, CtoR Wholesale, had an upcoming appointment. The representative also confirmed CtoR's long-standing relationship with the bank and the large-volume cash nature of their standard transactions. Texas Department of Safety allowed Aburas to continue on his way to Memphis. With the money.

The following day, on January 28, 2021, Arkansas State Police Trooper Joshua Elmore stopped Aburas for following too closely. Elmore believed that Aburas's answers to his questions "did not make sense," however no evidence ever emerged indicating that Aburas ever lied to the police. Aburas granted consent to search his 2019 Dodge Caravan rental, in which Elmore located the same United States currency that had been found the day prior in Texas. Elmore would later describe the currency as "concealed" on the rear floorboard. As is shown in a photograph at the very end of this video, the currency was in a suitcase that was in plain view on the floor. Although Trooper Elmore's drug dog alerted on Aburas's rental minivan, no drugs were ever located.

Trooper Elmore seized the currency, totaling $96,690.

On March 18, 2019 (yes, two years earlier), Arkansas Governor Asa Hutchinson signed into law the Civil Asset Forfeiture Reform Act of 2019, which amended Arkansas law to read that "There shall be no civil judgment under this subchapter and no property shall be forfeited unless the person from whom the property is seized is convicted of a felony offense that related to the property."

But that doesn't stop forfeiture cases from being transferred to federal court, where no such restriction exists, and where "equitable sharing" ensures that a sizable chunk of any forfeited funds is kicked back to the state.

A separate Arkansas law was intended to curb that practice. It states that "No state or local law enforcement agency may transfer any property seized by the state or local agency to any federal entity for forfeiture under federal law unless the circuit court having jurisdiction over the property enters an order, upon petition by the prosecuting attorney, authorizing the property to be transferred to the federal entity." The law further states that "the transfer shall not be approved unless it reasonably appears that the activity giving rise to the investigation or seizure involves more than one state or the nature of the investigation or seizure would be better pursued under federal law."

A loophole the size of a door.

On March 2, 2021, Crawford County Prosecuting Attorney Rinda Baker filed a complaint for forfeiture of the $96,690, alleging a connection to drug trafficking. Aburas filed a response as claimant, and a hearing was set for July 13, 2021. On July 12, 2021, Baker filed a petition asking that the property and case be transferred to the DEA for forfeiture under federal law:

"[B]ased upon the information that DEA has provided our office, we believe that it reasonably appears that the activity giving rise to the investigation and seizure involves more than one state and the nature of the investigation and seizure would be better pursued under federal law."

No one was ever arrested or accused of a crime, and Aburas was never cited for a traffic violation. No drugs or drug paraphernalia were ever found, and Aburas was never found to have lied to the police. One day prior to the seizure by Arkansa State Police, Texas law enforcement had investigated the circumstances surrounding the currency and allowed Aburas to continue on his way with the money.

On October 27, 2021, attorney Eugene Clifford signed a settlement agreement on behalf of Mr. Aburas, agreeing that Aburas would receive $38,676 and the remaining $58,014 would be forfeited to the government. It is likely that most, if not all, of the $38,676 were intended to cover Clifford's fees for legal services.

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