Re:FBI seized $40k from Linda Martin without charging her wi...
by JohnMakin on Friday August 01, 2025 @11:43AM
(#44758489)
The title is a bit misleading and seems to imply she didn't get her savings back - she did, but the suit she filed saying it violated her rights lost.
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Re:FBI seized $40k from Linda Martin without charging her wi...
by indigodaddy on Friday August 01, 2025 @11:57AM
(#44758672)
She was very lucky to get it back. Probably the only reason was they hoped she would drop the suit.
Re:FBI seized $40k from Linda Martin without charging her wi...
by bandyaboot on Friday August 01, 2025 @11:57AM
(#44758675)
And to add, the lawsuit didn’t lose on its merits, but on lack of jurisdiction.
Re:FBI seized $40k from Linda Martin without charging her wi...
by Incipient on Friday August 01, 2025 @12:03PM
(#44758756)
I feel like for lack of jurisdiction, the courts should refuse to hear the case, rather than have it count as a "lost" case?
Re:FBI seized $40k from Linda Martin without charging her wi...
by ncallaway on Friday August 01, 2025 @12:06PM
(#44758794)
I mean, that's basically what happens.
The "lost her case" language is very much a public narrative around the court case, but from the legal perspective, her suit was dismissed for a lack of jurisdiction, which is pretty much the court refusing to consider the case.
Re:FBI seized $40k from Linda Martin without charging her wi...
by IncreasePosts on Friday August 01, 2025 @11:59AM
(#44758692)
Not really. Dismissed isn't the same thing as losing. The suit couldn't go forward because they returned the money, so she has no damages to sue over. I wonder if you can sue for lawyer fees...they took her money and made her hire a lawyer to get it back "willingly", something she wouldn't have had to do if they didn't take the money in the first place.
Re:FBI seized $40k from Linda Martin without charging her wi...
by colechristensen on Friday August 01, 2025 @12:10PM
(#44758841)
The next person to try might try to get standing by claiming the loss of $40k lost the opportunity to gain interest or something along those lines.
Re:FBI seized $40k from Linda Martin without charging her wi...
by db48x on Friday August 01, 2025 @12:52PM
(#44759331)
They paid her back with interest, exactly as they are required to do.
Re:FBI seized $40k from Linda Martin without charging her wi...
by qingcharles on Friday August 01, 2025 @06:01PM
(#44762936)
It depends what her suit asked for in "relief." Sometimes you can get punitive damages, even if the money was returned. Or I've sometimes got the money I wanted but continued the part of the suit for declaratory judgment (e.g. to force the government to declare they violated my rights).
Re:FBI seized $40k from Linda Martin without charging her wi...
by Etheryte on Friday August 01, 2025 @11:49AM
(#44758573)
The title doesn't say nor imply anything about her getting it back though? It says her assets were seized which is correct.
Re:FBI seized $40k from Linda Martin without charging her wi...
by peeters on Friday August 01, 2025 @11:52AM
(#44758613)
The article itself has the title:
> The FBI Seized Her $40,000 Without Explaining Why. She Fought Back Against That Practice—and Lost
I think it's decent, but still a bit ambiguous. Less ambiguous than if it just said "She Fought Back and Lost". My initial assumption formed by the title was still that she didn't get her money back.