An armored car company, busted for hauling legal weed money across Kansas, is now suing the feds

Empyreal Logistics says federal and state law enforcement agencies are targeting its armored cars ‘because it is very profitable for those law enforcement agencies to seize the cash proceeds that Empyreal is transporting and keep that money using civil forfeiture.

by Dan Margolies, KCUR and Kansas News Service

An armored car company used by licensed marijuana dispensaries in Missouri and other states is suing the federal government, claiming law enforcement agents have illegally seized dispensary cash the company was transporting.

The federal lawsuit, filed in California last week by Empyreal Logistics, comes after a sheriff’s deputy in Dickinson County, Kansas, stopped one of Empyreal’s vehicles last year on Interstate 70 for an unspecified traffic violation and seized nearly $166,000 in cash it was transporting from marijuana dispensaries in Kansas City, Missouri, to a credit union in Colorado.

The U.S. Attorney’s Office in Kansas subsequently filed a civil forfeiture action against Empyreal, arguing the seized cash was traceable to sales that violated the federal Controlled Substances Act. (Cannabis is classified as a Schedule I drug under the act.) That case is pending.

In October, KCUR sought records related to the stop from the Dickinson County Sheriff’s Office under the Kansas Open Records Act. Doug Thompson, the Dickinson County counselor, responded by saying that the records were in the hands of the Drug Enforcement Administration.

KCUR then sought the records from the DEA in November under the federal Freedom of Information Act. The DEA has yet to respond to KCUR’s request.

Empyreal’s lawsuit, however, alleges that Dickinson County Sheriff’s Deputy Kalen Robinson pulled over Empyreal’s vehicle, a Ford Transit van, as it was heading east on I-70 because the Colorado license plate tag was slightly covered by the license plate holder. Robinson stopped the vehicle a second time the next day as it was heading west toward Colorado and seized the cash.

Empyreal’s lawsuit accuses Robinson as well as sheriff’s deputies in California of acting in concert with the DEA to conduct “pretextual stops” of Empyreal’s vehicles, “searching them, and seizing the cash contents — covering up their surveillance cameras and sometimes damaging Empyreal’s vehicles to access the cash in their secured vaults — and are then turning the seized cash over to federal law-enforcement for forfeiture proceedings under the federal equitable sharing program.”

Under the federal equitable sharing program, the federal government shares assets seized in civil forfeitures with state and local law enforcement agencies.

Empyreal says that not a single traffic citation was issued to an Empyreal driver during any of the five traffic stops mentioned in its complaint.

It says federal and state law enforcement agencies are targeting its armored cars “because it is very profitable for those law enforcement agencies to seize the cash proceeds that Empyreal is transporting and keep that money using civil forfeiture.”

Dan Alban, an attorney with the Institute of Justice, which represents Empyreal, said Empyreal had initially viewed the Dickinson County stop as a one-off event. But since then, its vehicles have been stopped four more times in California, three of them in the last two months alone. The vehicles were transporting cash from state-licensed cannabis businesses in California.

“I think they began to become very concerned that this was an ongoing pattern of activity and that they were being targeted. And so they wanted not just to have to defend against these forfeiture actions after the fact” but to seek legal relief preventing future seizures, Alban said.

In addition to alleging violations of the Fourth Amendment and due process, the lawsuit seeks to block future stops, searches and seizures of Empyreal’s vehicles “based solely on the actual or suspected presence of cash earned by state-legal cannabis dispensaries without reasonable suspicion or probable cause.”

‘Writing on the wall’

“Empyreal could see the writing on the wall,” Alban said. “They could tell they were being targeted — all of these stops and searches — five in total so far. And so in order to continue operating their armored car business, they needed not to be targeted by the feds or local sheriffs for these continued stops, searches and seizures.”

Empyreal is still seeking to recover the money that was seized in Kansas in the pending civil forfeiture proceeding. The U.S. Attorney’s Office has declined to comment on the case.

The forfeiture action is being prosecuted by Colin D. Wood, a retired KBI senior special agent who now serves as a federal contractor with the U.S. Attorney’s Office with the title of Special Assistant U.S. Attorney. He did not respond to a request for comment.

The traffic stop in Dickinson County took place last May. The U.S. Attorney’s Office filed the civil forfeiture action three months later.

Attorneys not involved in the case have questioned why it was brought, given that it doesn’t involve the seizure of marijuana but rather proceeds from its sale and given that the dispensaries whose money was seized are licensed under Missouri’s medical cannabis program.

During the Obama administration, the Department of Justice issued a memorandum stating that federal prosecutors would not enforce the federal prohibition against marijuana in states that had legalized it. And federal legislation enacted in 2014 prohibits the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws.

The legislation, known as the Rohrbacher-Farr amendment, must be renewed every year. It was renewed last year and remains effective through Feb. 18.

In its lawsuit, Empyreal says it has been forced to suspend its operations in San Bernardino, County, California, has stopped transporting cash through Kansas, has lost customers and has been unable to roll out new services in multiple states because of concerns about the stops and seizures.

“If these incidents continue to occur — and there is every indication they will — it will threaten Empyreal’s business model and its ability to continue providing financial infrastructure for the state-legal medical cannabis industry by safely moving cash from business premises into the legal banking system for greater transparency,” the lawsuit states.

The lawsuit names as defendants the U.S. Department of Justice; Attorney General Merrick Garland; the FBI; FBI Director Christopher Wray; an assistant FBI director overseeing the bureau’s Los Angeles field office; the DEA; DEA Administrator Anne Milgram; and San Bernardino County Sheriff Shannon D. Dicus.

The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy.
Kansas News Service stories and photos may be republished by news media at no cost with proper attribution and a link to ksnewsservice.org.

See more at https://www.kcur.org/news/2022-01-19/an-armored-car-company-busted-for-hauling-legal-weed-money-across-kansas-is-now-suing-the-feds

Kansas Supreme Court reverses Johnson County judge’s ruling that pandemic law is unconstitutional

The Supreme Court cited a doctrine known as ‘constitutional avoidance,’ which counsels against ruling on the constitutionality of a law if there are other grounds to resolve a case.

by Dan Margolies, KCUR and Kansas News Service

The Kansas Supreme Court on Friday overturned a Johnson County judge’s decision that a 2021 Kansas law enacted to address COVID-19 emergency measures is unconstitutional.

The Supreme Court, though, made clear it was not expressing an opinion on the constitutionality of the law, Senate Bill 40. Instead, it said Johnson County District Judge David Hauber had overstepped his bounds by ruling on the law’s constitutionality when he’d already ruled that SB 40 was inapplicable.

The Supreme Court cited a doctrine known as “constitutional avoidance,” which counsels against ruling on the constitutionality of a law if there are other grounds to resolve a case.

The Kansas Legislature enacted SB 40 in late 2021 to limit actions taken by the governor, school boards and local health officials. It created systems for speedy legal challenges to health orders and gave state lawmakers more oversight.

Among other things, the law authorized aggrieved parents or students to challenge board of education decisions within 30 days after they are issued. It also imposed timelines on the state’s trial courts to process lawsuits under the law.

In May 2021, two parents of children in the Shawnee Mission School District, Kristin Butler and Scott Bozarth, challenged the district’s mask policy for the just concluding school year. Both represented themselves and both claimed the policy violated federal law, “the ethics of the Nuremberg code” and a parent’s right to decide medical treatment for their child.

Hauber dismissed their suit a few weeks later. He found that the district had enacted its mask policy before SB 40 took effect and therefore it was inapplicable. He also found that Butler’s and Bozarth’s lawsuits were not timely.

But Hauber also took it upon himself to rule on SB 40’s constitutionality. And he found that the law violated the separation of powers doctrine by imposing timelines on court operations and also violated the due process rights of the Shawnee Mission School District.

In reversing Hauber, the Supreme Court, in an opinion written by Justice Dan Biles, acknowledged that its “decision may be just a temporary retreat from a raging storm, but it reflects necessary adherence to a long-standing doctrine of judicial self-restraint known as constitutional self-avoidance.”

“This rule,” Biles wrote, “strongly counsels against courts deciding a case on a constitutional question if it can be resolved in some other fashion, especially when the question concerns the validity of a statute enacted by our coordinate branches of state government.”

Kansas Attorney General Derek Schmidt, who was invited to intervene in the case and defend SB 40, argued that Hauber’s ruling had created “unnecessary and disruptive confusion” over the state’s emergency powers and urged the Supreme Court to uphold the law.

The case generated an enormous amount of interest, with numerous friends-of-the-court briefs filed by interested parties, including Gov. Laura Kelly, the Kansas Chamber of Commerce, Blue Valley School District, Kansas Association of School Boards Legal Assistance Fund, Kansas Justice Institute and a group of parents challenging mask mandates issued by the Olathe and Blue Valley school districts.

The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy.
Kansas News Service stories and photos may be republished by news media at no cost with proper attribution and a link to ksnewsservice.org.
See more at https://www.kcur.org/news/2022-01-07/kansas-supreme-court-reverses-johnson-county-judges-ruling-that-pandemic-law-is-unconstitutional
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8 Kansas residents charged in last Jan. 6 insurrection

Kansans charged in the Jan. 6, 2021, attack on the U.S. Capitol include alleged members of the Proud Boys, a Topeka City Council candidate and others who’ve since expressed regret for their actions.

by Dan Margolies, KCUR, Kansas News Service

One year after the Jan. 6, 2021, attack on the United States Capitol, 64% of Americans believe U.S. democracy is “in crisis and at risk of failing,” according to an NPR/Ipsos poll.

Five people died during or after the insurrection, and approximately 140 members of law enforcement suffered injuries.

To date, more than 700 people have been charged with crimes. Based on court records and media accounts, here are all the people from Kansas who are facing charges and, in instances where they’ve pleaded guilty, the outcomes of their cases.

Ryan Ashlock

Ashlock, of Gardner, was arrested in Lenexa on Feb. 22, 2021.

He was charged with conspiracy; obstruction of an official proceeding and aiding and abetting; obstruction of law enforcement during civil disorder and aiding and abetting; entering and remaining in a restricted building or grounds and carrying a deadly or dangerous weapon; entering and remaining in a restricted building or grounds; and carrying a deadly or dangerous weapon.

The Kansas City Star reported that he was part of a group of Kansas City-area Proud Boys, including William Chrestman, Christopher Kuehne and Louis Enrique Colon, as well as Arizona siblings Felicia Konold and Cory Konold.

Ashlock was also named as a defendant in a separate civil suit brought by the attorney general of the District of Columbia against the Proud Boys, Oathkeepers and multiple individuals. The suit accuses the defendants of “conspiring to terrorize the District” in connection with the Capitol insurrection.

William Chrestman

Chrestman, of Olathe, was arrested in Olathe on Feb. 11, 2021.

He was charged with conspiracy; obstruction of an official proceeding and aiding and abetting; obstruction of law enforcement during civil disorder and aiding and abetting; threatening a Federal Officer; entering and remaining in a restricted building or grounds and carrying a deadly or dangerous weapon; entering and remaining in a restricted building or grounds; and carrying a deadly or dangerous weapon.

He allegedly acted in concert with Christopher Kuehne, Louis Enrique Colon, Felicia Konold and Cory Konold. The Army veteran has been incarcerated since his arrest and remains in jail, according to court documents. Chrestman also is a defendant in the civil lawsuit filed by the attorney general of the District of Columbia.

Michael Eckerman

Eckerman, of Wichita, was arrested in Wichita on Sept. 20, 2021.

An affidavit filed by an FBI special agent alleged he was nearby when a Capitol police officer shot and killed Ashli Babbit as she attempted to climb through a broken window to enter the House of Representatives.

He was charged with assaulting, resisting or impeding certain officers; civil disorder; obstruction of an official proceeding; disorderly conduct in the Capitol building; entering and remaining in a restricted building; entering and remaining on the floor of Congress; parading, demonstrating or picketing in a Capitol building; and disorderly and disruptive conduct in a restricted building or grounds.

Eckerman told Wichita television station KAKE in September that he wasn’t armed and didn’t assault or even touch an officer.

Christopher Kuehne

Kuehne, of Olathe, was arrested in Missouri on Feb. 11, 2021.

Indicted along with Ashlock, Chrestman, Colon, Felicia Konold and Cory Konold, he was charged with conspiracy; civil disorder; obstruction of an official proceeding; knowingly entering or remaining in any restricted building or grounds without lawful authority; and disorderly conduct on Capitol grounds. Kuehne also is a defendant in the civil lawsuit filed by the attorney general of the District of Columbia.

Jennifer Ruth Parks

Parks, of Leavenworth, self-surrendered in Kansas City, Kansas, on April 23, 2021.

She was charged with knowingly entering or remaining in any restricted building or grounds without lawful authority; and violent entry and disorderly conduct on Capitol grounds.

On Sept. 28, Parks pleaded guilty to a misdemeanor count of parading, demonstrating, or picketing in a Capitol building. On Dec. 8, she was sentenced to 24 months’ probation and ordered to pay restitution of $500.

Parks has since expressed regret about participating in the breach of the Capitol. A sentencing memorandum submitted in her case last month included a letter from her:

“If I could have that day back, I would not have gone to Washington, D.C., and I certainly would not have gone into the Capitol building. I sincerely apologize for my actions. I believe I am wiser and more discerning now than I was then and will spend years trying to make it up to the people I’ve disappointed.”

William Alexander Pope

Pope, of Topeka, was arrested in Topeka on Feb. 12, 2021.

He was charged with civil disorder; obstructing an official proceeding; entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; impeding passage through the Capitol; and parading, demonstrating or picketing in a Capitol building.

Pope unsuccessfully sought a seat on the Topeka City Council in 2019, according to the Kansas Reflector.

Pope, doctoral student and graduate teaching assistant at Kansas State University, told the Topeka Capital-Journal last January that he was “not violent or destructive” and had reported himself to the FBI.

Mark Roger Rebegila

Rebegila, of St. Marys, was arrested in Topeka on March 15, 2021.

He was charged with knowingly entering or remaining in any restricted building and engaging in disorderly or disruptive conduct. During the insurrection, he entered Capitol grounds with a flag zip-tied to a piece of plastic pipe, trespassed in offices and took selfies.

On Dec. 1, 2021, he pleaded guilty to parading, demonstrating or picketing in a Capitol building. His sentencing is set for March 10, 2022.

Esther Schwemmer

Schwemmer, of Leavenworth, was arrested in Kansas City, Kansas, on April 23, 2021.

She was charged with knowingly entering or remaining in any restricted building or grounds without lawful authority; knowingly entering or remaining in any restricted building or grounds without lawful authority; violent entry and disorderly conduct on capitol grounds.

On Sept. 28, Schwemmer pleaded guilty to a misdemeanor count of parading, demonstrating, or picketing in a Capitol building.

The government’s sentencing memorandum in Schwemmer’s case said that early in the investigation, on Jan. 17, 2021, she agreed to be interviewed by law enforcement. It said she “accepted responsibility for her actions and admitted that she had entered the Capitol.” It also noted that, through her attorney, she “expressed a desire to plead guilty, acknowledge her conduct, and promptly resolve her case.”

She is set to be sentenced on Jan. 10, 2022.

Were you at the Jan. 6, 2021, insurrection and open to talking with KCUR about it? Contact [email protected].
The Kansas News Service is a collaboration of KCUR, Kansas Public Radio, KMUW and High Plains Public Radio focused on health, the social determinants of health and their connection to public policy.
Kansas News Service stories and photos may be republished by news media at no cost with proper attribution and a link to ksnewsservice.org.

See more at https://www.kcur.org/news/2022-01-06/8-kansas-residents-have-been-charged-in-the-jan-6-2021-insurrection-here-are-their-names.