Lawsuit Between Armored Car Company Transporting Cannabis and San Bernardino County Resolved



On Could 6, a joint statement was released stating that each Empyreal and the San Bernardino County Sheriff’s Section in Southern California “understand that just about every [was] performing in excellent religion when the stops had been executed and have occur to an knowing that will permit both of those sides to move ahead amicably.”

Empyreal transport vans were being stopped by Sheriff Shannon Dicus’ deputies in November, December, and January, and had seized a overall of $1.1 million in lawful cannabis sales. The U.S. Division of Justice’s equitable sharing software lets the sheriff’s division to retain up to 80% of income collected via civil forfeitures. Although the state of California prohibits law enforcement from seizing legal hashish cash, Dicus transferred the seized dollars to the FBI, saying that it was evidence in an ongoing investigation. The federal government has given that agreed to return 100% of the income seized, though the lawsuit towards Dicus continued right until not too long ago.

In accordance to The San Bernardino Sunshine, Dicus thought that the seizure that his division conducted were genuine. On Nov. 16, the Empyreal car or truck, a Ford van, was driving 6 toes at the rear of a semi-truck when pulling a trailer. “During the prevent, the deputy built even further observations, which includes hearing inconsistent statements built by the driver and company representatives, that led the deputy to consider the contents of the van were illicit proceeds of illegal drug product sales,” Dicus reported of the incident. Based on all those Deputy J. Franco attained a research warrant to look into, and seized $700,000 gathered from 4 state-licensed cannabis businesses.

A identical incident happened on Dec. 9 with the similar Empyreal Ford van, which was switching lanes without signaling. There was also a document that instructed the driver how to reply to regulation enforcement if pulled above. “Specifically, the doc instructed the driver to ‘never say the terms hashish or marijuana’ and ‘never say the names of the financial institutions or clientele we company.’” On that day, the van was transporting $350,000. An Empyreal van was pulled over a 3rd time on Jan. 6, but was only carrying rolled coins that weren’t affiliated with the hashish marketplace.

Empyreal launched a lawsuit on Jan. 14 with the U.S. District Court, demanding that Sheriff Shannon Dicus, as effectively as FBI Director Christopher Wray and Drug Enforcement Administration Administrator Anne Milgram halt targeting Empyreal, professing that the seizure of the company’s reputable gross sales was “highway robbery.” At the time, Dicus’ believed that the lawsuit was “no additional than a exclusive-fascination campaign and a blatant try to interfere with ongoing nearby felony investigations.”

The San Bernardino County Sheriff’s Department tackled this description on Might 6, sharing that while the department will carry on to work against “illegal marijuana grows and criminal enterprises,” Empyreal is not included in all those attempts. “Both sides also accept that Empyreal is section of the option to support with economical transparency and that San Bernardino Deputies are not freeway robbers as previously claimed in the media,” the section wrote in a press launch on May 6.

Empyreal employed Injustice for Justice, which is a nonprofit public fascination regulation organization that specializes in defending cases for civil forfeiture victims to direct the lawsuit. In accordance to a push statement from Senior Legal professional Dan Alban, it’s a welcome acquire for the organization and Empyreal. “We are happy to have assisted Empyreal realize a prosperous end result and return to company operations in San Bernardino County,” mentioned Alban. “We will continue on to challenge the use of civil forfeiture nationwide at the state and federal level.”

Empyreal CEO Deirdra O’Gorman also launched a assertion, stating that he was delighted that his corporation and the sheriff’s division had been capable to occur to an settlement on the make a difference. “Empyreal, our money establishment shoppers and their state-licensed cannabis buyers function in the legislation, which is why we chose to carry a legal problem to the seizures in San Bernardino County,” stated O’Gorman. “Now that the cash have been returned and immediately after conference with the Sheriff, we are assured that we can continue serving condition-authorized enterprises with out long run disruptions.”