Wesley Hottot: Prove You’re Not a Criminal

Posted by admin on Friday, June 8, 2018

64-year-old Rustem Kazazi had life savings confiscated by U.S. Customs and Border Protection under “civil forfeiture laws and is suing to get his money back. His attorney must prove innocence instead of guilt. Attorney Wesley Hottot said:
 

 

“You have to affirmatively show you’re not a criminal to get your own money back, You have to effectively prove a negative” — Wesley Hottot

 

 

This quote from Wesley Hottot criticizes the situation where someone has to prove their own innocence or lack of wrongdoing in order to regain possession of their own property or money. Hottot notes that it is difficult or even impossible to definitively “prove a negative” – which in this case would mean proving you did not do something criminal to warrant confiscation of your assets.

The quote implies this requirement places an unfair burden of proof on individuals and goes against the presumption of innocence. Hottot appears to be referring to situations like civil asset forfeiture, where police can seize property even without convicting the owner of a crime.

The quote suggests such policies violate principles of due process and put citizens in the difficult position of having to affirmatively demonstrate they did no wrong to get their rightful possessions back.