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 Journey 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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33 thoughts on “Driving With Too Much Money: Arkansas State Police Seize $96,690”
  1. 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 Journey 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. When contacted for this story, Clifford refused to answer questions.

  2. There was no legitimate reason for this search. Driver shouldn't have consented to a search.

    Travelers, NEVER CONSENT to a search without warrant. Don't answer questions. Don't assist law enforcement in their search for a crime that doesn't exist.

  3. This is total bull shit. It is not against the law to carry money of any amount that I know of? this man is completely co-operative….more so than I would be. I would sue the hell out of this police agency and the state for this bull shit. I can see if he was being a pain and if they found drugs or a drug connection. But just the act of carrying a large amount of money is non of any ones business. There is a line between keeping the streets safe and over stepping power. I am not at all anti-cop, But I also believe in the rights of people to live their lives with in the law. I would like to know what law was broken by carrying a large amount of money with no drugs or anything else. This makes people hate cops, it does not help the issue we have on America with police and citizens. And this following too close shit is crap too with in reason. When the person in front of you slows down, and you are trying to change lanes, sometimes you get closer than you want to. I am a CDL driver and have been for decades. Continued following too close is an issue if the other driver is keeping his speed and in the right lane where they belong. But you can't control how others drive.

  4. Looks like you got to stay four cars away from the car in front of you when you're traveling across state That's the number one way of pulling you over traveling too close

  5. Why doesn't the cop approach the driver and honestly say: "Sir, your out of state plate combined with some other hunches I have prompted me to pull your over. I'm almost certainly going to search your entire car now."? This is a real question. Do you have an honest answer for me?

  6. Should have got stopped in Georgia,at least you would get half of your money back! Some of them Georgian counties have the police act as prosecutor and Sheriff and the judge,they love half of what you have or more,but you'll leave with some money!! Hahahha!!!

  7. This is why you tell them you don't answer questions Even if you're doing nothing wrong they still think you're doing something wrong just tell them write me for a ticket and never consent to a search

  8. Is this guy unlucky or what? He was stopped two times in the two days he was carrying the money. He must have been driving like a maniac.

  9. Thecop said he concealed the fact he had the money but he never asked him if he had large sums of money, he allowed the search and thats how the money was found

  10. Does the officer have experience transferring large amounts of money with banks? Cause he said he’s never heard that in his life. But it’s true even a few thousands dollars can be put on hold at the bank for a week.

  11. There’s no f**cking way you should be able to get away with it, I’ll be getting all of my money back, and then more for my time and suffering

  12. Most US currency has drug residue on it. If cash was fairly earned this is straight up theft by leos (probably conspiracy between another department as well).

  13. The philosophy of the rich and the poor is this: the rich Invest there money and spend what is left. While the poor spend their money and invest what is left

  14. According to research C-to-R wholesale merchandise is a Tobacco wholesaler registered out of Florida. It is fairly common for foreign owned corner stores to buy Tobacco products in southern states (cheaper tax) and sell them in California, New York etc as a way to evade paying those states tobacco taxes. There is a massive underground tobacco business. Billions of dollars pass through these “wholesalers” based in states like NC, SC, TN, Virginia. There was a multi million dollar case last year in NYC involving FedEx and UPS shipments of these products.

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