A man has lost a 16-year fight against government authorities after officials were allowed to keep $1,235,600 CAD – about $851,254 – in cash seized from his rural property, even though he was never convicted of a crime.
Marcel Breton lost his legal appeal over the seized cash after fighting for 16 years, reports The National Post.
Police first raided Breton’s property in 2009 during a search for a suspected illegal firearm. While the officers did not find a gun, they uncovered large stacks of bills hidden in under-floor heating vents, in building corners, and, most notably, in a sealed tub buried under the garage floor. The cash was bundled in thousands-of-dollar amounts, sparking years of legal wrangling over whether it was illicit or simply his savings.
The money was found buried in multiple spots around his land, including under a detached garage, and law enforcement ultimately prevailed in a civil forfeiture case.
In a later criminal trial, Breton was acquitted after arguing that the search warrant was invalid and that law enforcement overstepped. But despite his acquittal, the government pressed forward in a separate civil court.
Under Canadian civil forfeiture rules, the court did not need to prove he was guilty of a crime – only that the cash could be tied to suspected wrongdoing by a preponderance of evidence, a lower legal standard than in criminal cases.
Over the years, Brerton consistently maintained that the money was his. He claimed it came from legitimate earnings, including from a small business. However, judges questioned his explanations, pointing out irregularities, including how the way the money was stored, and the fact that the bundles were mostly in small-denomination bills, a pattern often seen in drug-related seizures.
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