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zoklet-enjoyer 7 months ago

My brother was robbed of over $80k like this at an Amtrak station several years ago. They made up some story about following him from Chicago to Portland and it was from heroin sales.

1. He got on the train 3 states away from Chicago, I know this because I gave him a ride to the station.

2. He never had anything to do with heroin sales.

They were charging him with 3 felonies of 10+ years each and eventually got a plea deal for them to keep the money and he had like a couple years probation. All for carrying some money on a train.

tptacek 7 months ago | parent | next [-]

I'm sure he wasn't a heroin dealer, but why was your brother carrying $80k?

pcl 7 months ago | parent | next [-]

This sort of question should not need to be answered, or raised. Carrying a lot of money around should not be grounds for suspicion.

tptacek 7 months ago | parent | next [-]

No, I think raising the question is just fine: if you tell a story about someone carrying more money than most Americans ever have in their bank accounts in their entire lives, in cash, on their person, you're describing something extraordinarily unusual.

Again: I'm not saying he's a heroin dealer, and I said that specific to avoid this pointless preening about how it's everyone's right to carry large amounts of cash on them. Sure, I'm fine with that; in fact: I think you will find it difficult to find anyone to take the other side of that argument on HN (and HN is a big, complicated place, giving you some idea of just how banal that argument is.) So let's assume that's not what I'm talking about.

If it helps, though this isn't really my intent, assume my subtextual allegation is that this story is copypasta.

alasdair_ 7 months ago | parent | next [-]

>if you tell a story about someone carrying more money than most Americans ever have in their bank accounts in their entire lives, in cash, on their person, you're describing something extraordinarily unusual.

I used to play poker semi-professionally. Traveling with upwards of $50k wasn't an uncommon thing at all among the people I knew.

I knew a card counter who was detained at an airport carrying well in excess of $100k and, comically, the money and the inside of his bag were covered in white powder at the time. Because he was a nerdy jewish kid, they believed his story that it was powdered caffeine (it actually was) and sent him on his way.

UncleMeat 7 months ago | parent | prev | next [-]

There's a rather famous court case about civil asset forfeiture involving somebody who had just closed on their house for cash. Cops stopped the car, decided the money was dirty, stole it.

Carrying a ton of cash is unusual, but does really happen.

coolspot 7 months ago | parent | next [-]

Maybe it was happening in the past, but nowadays you can’t really sell a house for paper cash. Title & Escrow companies will require settled money on a verified checking account from a buyer and they will not deliver you duffel bag of cash - they will deposit into an account of your choice.

tptacek 7 months ago | parent | prev [-]

Yes: this definitely happens. I'm not making a broader argument about the legitimacy of civil asset forfeiture.

UncleMeat 7 months ago | parent [-]

The key point in my comment is "closed on their house for cash." It isn't unheard of to carry around such a massive pile of cash even if you aren't a drug dealer.

mikeyouse 7 months ago | parent [-]

The end of this particular story was "charged with several felonies, plead guilty and received probation" so it's safe to assume this cash wasn't a civil asset forfeiture, and certainly wasn't from the sale of a house.

zoklet-enjoyer 7 months ago | parent [-]

They charged him with money laundering. He plead guilty to attempted money laundering. I don't know the exact laws he was charged with breaking.

creer 7 months ago | parent | prev [-]

There are stories everywhere. They are very varied. So no, one more story is actually detrimental, making the reader feel good "Oh, some silly unusual situation I would never find myself in". This is already all too common a position "Well, I have nothing to hide".

leptons 7 months ago | parent | prev | next [-]

Sure, people carry around cash all the time, there isn't a problem with that - but carrying around $80,000 in cash is highly unusual. It's not something normally done. I don't know anyone who would travel with that kind of cash because it could be stolen, by cops or by anyone.

When receiving a large amount of cash for a legitimate sale of something, or other kind of legit transaction taking place, the first thing most people would probably think to do is to go to their bank branch in the local area and deposit the money ASAP, and then get on the train. Large deposits are tracked, I think you have to fill out a form, so maybe he just didn't want to have the tax man look at what's going on (points to possibly shady dealings).

The fact is that walking around with $80,000 in cash is a huge risk (unless you're a billionaire - but then you're probably not taking a train), it's not something most people would typically do. It appears a bit shady without OP giving any other details. He claims it wasn't for heroin, but what if he's purposely omitting that it was actually for cocaine. I'd like to know more about OP's story, but I doubt we'll get any answers.

creer 7 months ago | parent | next [-]

The fact that it's unusual is not relevant. Or it's relevant in that - pretty much by definition - these situations are unusual. It's not okay to violate people's rights merely because "unusual". It's not okay to demand a good story just because "unusual". Instead we get the all too common a reasoning "well, I don't play cards", or "well I have nothing to hide". None of this is relevant. The opposite is true: if you believe in freedom of speech for another example, then it's only for socially uncommon speech that it will matter. In particular, speech that few people would support. If cash is legal, it's only in unusual situation that it has to be particularly protected by the law.

leptons 7 months ago | parent [-]

I never once advocated that it's okay to violate people's rights. You must have misread my comment.

The fact is, if you want to keep your money safe, don't walk around with large sums of it. Period. It's really that simple.

ssl-3 7 months ago | parent | prev [-]

Hanging out on HN and arguing in favor of the gestapo is unusual.

Shall we send them over to your place next, so they can tell you what exactly you have to hide?

namaria 7 months ago | parent | next [-]

When I see these kinds of arguments I realize how important and how fragile the rule of law is. People jump to conclusions very readily and are easy to whip into a frenzy by malicious authorities.

leptons 7 months ago | parent | prev [-]

You're trolling - I never "argued in favor of the gestapo". I specifically called out the reason why it's not great to carry around $80,000 in cash is that anyone can steal that cash from you if you're carrying it around, not just "the gestapo".

ssl-3 7 months ago | parent [-]

Anyone can steal it, sure. And anyone who did so would be a criminal, unless they were the police.

rwmj 7 months ago | parent | prev | next [-]

Should the police take the money without cause? No. Can we question what he was up to? Yes. It's risky, as cash can be stolen from you with no recourse. It's also a very inconvenient way to pay someone, since it's physically large and would take a long time to count out.

lanthade 7 months ago | parent [-]

I think you are vastly over estimating the size of 80K USD in $100 bills. Each bundle of $10K is about 1/2” thick. You can easily carry 80K in 100’s without looking out of place.

tptacek 7 months ago | parent [-]

It'll fit comfortably in a shoebox.

pseingatl 7 months ago | parent | prev [-]

Not sure about that. If he took the money out of a bank, there are forms to be filed. If he received it from someone in a trade or business, there are forms to be filed. If he found it and was on the way to the bank to deposit it, there are forms to be filed.

The money didn't magically appear in his pockets.

voltaireodactyl 7 months ago | parent [-]

Which forms are legally required to have on file whilst traveling to the bank to deposit it?

zoklet-enjoyer 7 months ago | parent | prev | next [-]

It's a free country and people should be allowed to transport money with them. He was on his way back to Northern California to pay someone for some stuff that had been fronted + re-up

mikeyouse 7 months ago | parent | next [-]

Sure, nobody (here) would disagree that people should be able to carry as much cash as they want without fear of illegal search but the whole “he plead guilty and had multiple years of probation” rightly makes people wonder what did he plead guilty to? since it clearly wasn’t civil asset forfeiture if they charged him with criminal charges and then he plead guilty to criminal charges.

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jjulius 7 months ago | parent | prev | next [-]

>He was on his way back to Northern California to pay someone for some stuff that had been fronted + re-up.

Correct me if I'm wrong, but this very much sounds like "drugs". If that's the case, your point about him never being involved in "heroin" sales is now just semantics, because he's still engaged, to some degree, in the movement of drugs between states.

zoklet-enjoyer 7 months ago | parent [-]

It's not semantics because that was their justification for the search. They claimed to have been following him since Chicago even though he had only got on the train in Fargo. They also claimed that the money was from the sale of heroin, another lie. I'm not saying what he was involved in was legal, I'm saying that he was targeted and arrested on false pretenses.

I'm thinking they saw a young guy on a cross country trip who had purchased a ticket on short notice and decided to go after him. Maybe he was "acting suspicious" if he was nervous, but I kind of doubt that; he used to take beta blockers for that type of thing and what he was doing wasn't really out of the ordinary for him. Maybe they saw he had a history of taking the train that route. I don't know. But I do know that they lied in their justification for making contact with him.

tptacek 7 months ago | parent | prev | next [-]

In cash? Did you tell him "this is a bad idea, you should wire the money instead"? What if he had been mugged? What if he lost the suitcase? I arranged the transportation of $25,000 in cash (I sold a car, it was a gag, I was very young, and it was an extraordinarily bad idea that cost me thousands of dollars), and just as a physical object that's pretty big. Also: where did he get the cash from? I had trouble getting it.

mixmastamyk 7 months ago | parent [-]

At larger banks, there’s usually a teller that has their own cubicle with a locked door. They buzz you in in and you ask for amounts > 1k.

shiroiushi 7 months ago | parent | prev | next [-]

>It's a free country

Obviously, it isn't.

edm0nd 7 months ago | parent | prev [-]

so it for was drugs, just not heroin.

fusivdh 7 months ago | parent | prev | next [-]

[dead]

coolspot 7 months ago | parent | prev [-]

[flagged]

andrewinardeer 7 months ago | parent | prev | next [-]

This feels like a ragebait comment and the entire story is clearly not being told.

qwerpy 7 months ago | parent | next [-]

Reminds me of the "Stripe cut off my account without warning and won't talk to me. I've done nothing wrong!" posts that used to show up. Upon further digging, it turns out the person started off with a legitimate business, then got into a gray area, then pushed further to the point that they were against the terms of service. The person always becomes evasive or non-responsive once the questioning starts to unearth some peculiarities.

hitekker 7 months ago | parent [-]

As I recall, some of those stories turned out to be "customer doing shady things, Stripe is in the right". But the others were different, like "Stripe actually screwed up and fobbed off their customer until it became a PR problem"

Personally, I don't think a complainant's apathy towards commenter curiosity counts as an admission of guilt. However, I know Stripe use to have quite the fan club until more of their ex-engineers (such as my own friends) started sharing stories of their internal chaos, like https://news.ycombinator.com/item?id=29387264

fusivdh 7 months ago | parent | prev | next [-]

It's part standard story for civil asset forfeiture.

mikeyouse 7 months ago | parent [-]

The "civil" part of Civil Asset Forfeiture precludes criminal felony charges..

zoklet-enjoyer 7 months ago | parent | prev [-]

Nah that's about all of it

wing-_-nuts 7 months ago | parent [-]

Why the hell would you ever plead to something you didn't do if you had the resources to fight it? I get how they might pressure some kid into a plea, but they'd be taking my ass to trial, and yes, I'd gladly pay the legal fees if it came to it, over basically selling out my good name.

ssl-3 7 months ago | parent [-]

I have no relation to anyone here, but:

Every time I've carried a large amount of money, it was essentially all of the money I had in the world.

If I had lost it [for any reason, including theft by civil forfeiture], I'd have been essentially broke and have nothing to fight with.

If I were additionally charged with crimes, I'd still be broke and still have nothing to fight with.

The money is just...gone.

---

Now, suppose a DA or prosecuter gives me a binary choice and I can select between the following options:

1. Be broke.

2. Be broke and in prison.

...then I think I'll cut my fucking losses and stick with option 1.

namaria 7 months ago | parent [-]

It's scary how people immediately side with authorities in these situations. You can lose everything in an instant by getting charged with something nefarious and it just takes a couple of bad cops.

wing-_-nuts 7 months ago | parent [-]

I'm not 'siding with the authorities', I'm advocating fighting if you're innocent. Plea'ing out when you're innocent just encourages this sort of abuse. If everyone that remotely had the resources to fight charges actually fought them, this whole system would collapse on itself. Civil rights are only upheld when they're exercised.

namaria 7 months ago | parent | next [-]

You're implying that someone who didn't fight is presumably guilty, which is a perverse argument given the immense cost and general toll a legal defense can impose on a person.

> If everyone that remotely had the resources to fight charges actually fought them, this whole system would collapse on itself.

Yes, that is precisely why the system is stacked against the average person being able to fight the State on criminal charges, and it is very out of touch to imply that anyone that the State has convicted presumably deserved it for not putting up an effective defense.

The system is working as intended on you and I hope you never find yourself on the wrong end of a criminal prosecution.

lcnPylGDnU4H9OF 7 months ago | parent [-]

> You're implying that someone who didn't fight is presumably guilty

I can see how one could get this implication because they said "why would you" but that's a common phrase that people use to (I guess literally) call some decision into question. It's not necessarily about saying that they are obviously lying and could be more about wondering why someone would make that choice. The reply made a good case, which they don't seem to be arguing with.

ssl-3 7 months ago | parent [-]

Why would you use that kind of phraseology, if not to imply something?

lcnPylGDnU4H9OF 7 months ago | parent [-]

Because you're curious for the answer to your question. Why would you think there must be some other implication? (What did I imply by using that phrase in the previous question?)

namaria 7 months ago | parent | next [-]

> Why the hell would you ever plead to something you didn't do if you had the resources to fight it?

Does this sound like mere curiosity to you?

lcnPylGDnU4H9OF 7 months ago | parent [-]

> mere curiosity

Well, no. The phrasing suggests some bit of outrage to me, which has its own problems but is still easier to interact with if one is looking to understand their perspective. I suppose it sounds more exclusively like an accusation to you. More likely than either of those is that it’s a combination of several factors which ultimately culminated in the person’s decision to leave their comment.

Regardless, the claim that they must have been making an accusation is speculation which is called out in the guidelines to avoid:

> Please respond to the strongest plausible interpretation of what someone says, not a weaker one that's easier to criticize. Assume good faith.

namaria 7 months ago | parent [-]

What exactly is your point? Am I not allowed to point out the fundamental failure of ethics in jumping to the conclusion that someone who didn't put up a fight when wronged by a vastly more powerful entity is somehow enabling the wrongdoing?

lcnPylGDnU4H9OF 7 months ago | parent [-]

> What exactly is your point?

Be more open-minded when someone says something you disagree with.

> Am I not allowed to point out the fundamental failure of ethics ... ?

You are allowed to opine. Are other commenters not allowed to do the same?

namaria 7 months ago | parent [-]

This is nearly meaningless. I see you have no point.

lcnPylGDnU4H9OF 7 months ago | parent [-]

You should not be so afraid of engaging with other perspectives. You can choose your own beliefs and it doesn’t hep to close your mind to others. Read the thread back and you may find consistent arguing if you understand that my actual conclusion was written above.

Of course, you would have to read comments in good faith and I suspect you would not. I would be foolish to believe you will even try because you it’s obvious by now that you have no such desire to understand other perspectives. I recommend fostering such a desire. You only have pleasant discourse with those you agree with and you cause that problem.

ssl-3 7 months ago | parent | prev | next [-]

Because in real speech with real people in my real life, expressions like "Why would you do x" are nearly exclusively rhetorical and unambiguously accusatory.

lcnPylGDnU4H9OF 7 months ago | parent [-]

Similarly, I have heard expressions like "Why would you do x" and "Why would you think y" as questions being asked with curiosity. I've also seen how my perception of their intentions has been distorted such that I would not believe they are simply trying to understand. That isn't to say the phrasing does not seem to trigger such a response (I personally think it sounds hostile in text), it is to say that I can take them at their word when they tell me they did not have that intention. I will, however, concede that the phrase seems to be more commonly said with hostile ignorance rather than humble curiosity.

But... that's kinda beside the point which I did not seem to have made clearly. The original assumption of that person's decision to write that phrase is that it is intended as an accusation to this thread's OP that their brother was actually selling heroin. They do not seem to have made that specific accusation. Recall what I originally replied to:

> You're implying that someone who didn't fight is presumably guilty

That is decidedly not what they were implying, if they were implying anything.

ssl-3 7 months ago | parent [-]

I don't know why you would make these kinds of arguments, and I do not care.

Stealing is always wrong.

Stealing is wrong even when it is stupid people who are doing stupid things that are stolen from.

Nobody deserves to be stolen from.

Especially by a cop.

The end.

Further replies will be ignored. I don't willfully talk to Nazis.

(Is that an implication? Hmm. Why would anyone think that?)

lcnPylGDnU4H9OF 7 months ago | parent [-]

> Stealing is wrong even when it is stupid people who are doing stupid things that are stolen from.

It’s plain cowardice to accuse me of disagreeing with this and subsequently run away from the conversation. You are god-awful at empathy. Learn some emotional intelligence.

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7 months ago | parent | prev [-]
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rwmj 7 months ago | parent | prev | next [-]

Was there a particular reason he was carrying around nearly 6 figures in cash? How was he planning to ensure it didn't get stolen by robbers of the old fashioned sort?

zoklet-enjoyer 7 months ago | parent [-]

He owed someone money. The point is he hadn't been to Chicago and he hadn't been involved with the heroin trade. The whole point of the stop was fabricated.

gamblor956 7 months ago | parent | prev | next [-]

The asset seizure part needs no explanation as that was common practice for many law enforcement agencies, but if your brother was not dealing heroin why did he plea to dealing heroin?

There is no way they'd get a conviction solely on the basis of someone carrying a large amount of cash. They'd have needed something more than that to even reach the preliminary hearing stage.

fatbird 7 months ago | parent | next [-]

98% of criminal charges end in plea deals. The justice system only works because virtually all charges go through without a trial. Prosecutors are strongly incentivized to find an acceptable plea deal, and they have the threat of massively ruining someone's life who refuses a deal--if nothing else, the 6-7 figure cost of defending oneself in court is incentive enough to take a plea.

pseingatl 7 months ago | parent | next [-]

A long time ago, in a nearby galaxy, Broward Detective Vicki Cutcliffe grabbed my client's crotch in the Ft. Lauderdale airport, hoping to find crack, which she did. Judge Roettger was a frequent user of the airport and found this behavior unacceptable. He suppressed the evidence.

One of the 2%, I guess.

gamblor956 7 months ago | parent | prev [-]

98% of criminal defendants are actually guilty, and are just seeking the best deal possible. Prosecutors are strongly disincentivized to prosecute cases without evidence because they get demoted or fired if their win ratio (including pleas) drops below 90%.

Public defenders don't advise their clients to take pleas in the absence of any evidence tying them to the crime, as claimed in the OP.

if nothing else, the 6-7 figure cost of defending oneself in court is incentive enough to take a plea.

This is false, unless you're convicted of murder and you choose the most expensive lawyers, and you proceed to trial, meaning that there was sufficient actual evidence of guilt that a prosecutor would risk their record and that a judge would commit the time and resources of his court to have a trial. Pre-trial costs for non-violent felonies are in the 4-low 5 figures. Violent felonies top out in the mid-5 figures. You don't see 6 figure costs outside of murder cases, and 7 figure costs all involve extremely wealthy defendants.

The financial cost of pleading guilty is 10x-100x the cost of defending oneself in court. If, as the OP claimed, his cousin was innocent, no defense attorney (public defender or otherwise) would have recommended he plead guilty, because based on what the OP said, there was insufficient evidence for the case to even make it to the preliminary hearing. In many states, the law enforcement agency at issue would have also paid his attorneys' fees.

zoklet-enjoyer 7 months ago | parent | prev | next [-]

He plead to attempted money laundering or something like that

tptacek 7 months ago | parent | next [-]

What state was this in? We can look up the predicates for that charge in the state, and then be talking more coherently about what might have happened here. Thanks!

I'm guessing North Dakota? That's 3 states away from Chicago on the only Amtrak route from there to Portland.

Were the charges federal? Did North Dakota (or whatever) police intercept him, or a DEA TFG?

perihelions 7 months ago | parent [-]

What exactly are you trying to accomplish here? We can all see that person's HN comment history, see that fully half of it is drugs; and if this HN subthread is quiet about it, that is because we are politely avoiding confrontation.

tptacek 7 months ago | parent [-]

I have not looked at their comment history, and the guidelines ask us not to do that.

zoklet-enjoyer 7 months ago | parent [-]

You can read my comment history. It's right out in the open. Why would guidelines say not to look at it when it's right on the profile? Lol

He got on the train in ND. A drug task force illegally searched his bags and arrested him in Portland. I believe it was all state charges from a state agency working with the DEA. I'd have to ask because I don't remember the details. This was like a decade ago

tptacek 7 months ago | parent [-]

We're not supposed to dredge things up from people's comment histories to throw at them in discussions.

mikeyouse 7 months ago | parent | next [-]

FWIW, this seems like the arrest/seizure - doesn't mention heroin and honestly seems pretty sketchy. Aside from a prior arrest for selling weed, using a BS 'hit' from a dog is pretty thin pretext to search the cans.

https://www.documentcloud.org/documents/3100482-9-1-16-PPB-M...

Oregon's money laundering statute is here:

https://oregon.public.law/statutes/ors_164.170

zoklet-enjoyer 7 months ago | parent | prev [-]

Ok well I give you and anyone else permission to do that in my case

gamblor956 7 months ago | parent | prev [-]

If your cousin was actually innocent he should sue his lawyer for malpractice.

The facts as you state them don't support any criminal charges, and any competent lawyer would be immediately aware of that and recommend against pleading.

UncleMeat 7 months ago | parent | prev [-]

Tons of innocent people take plea deals.

Courts can and do get convictions based on bullshit. "The cop says you did it" convinces loads of juries. There's also often further incentive to take a deal if you are stuck in jail or are otherwise spending shitloads of time and money on a defense.

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