Pubdate: Tue, 12 Mar 2002
Source: Daily Journal-Messenger, The (SC)
Copyright: The Daily Journal-Messenger 2002
Contact:  http://www.dailyjournalmessenger.com/
Details: http://www.mapinc.org/media/1911
Author: Amanda Rylander
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

BURKHART FILES LAWSUIT ON STATE, COUNTY, INDIVIDUALS

ANDERSON - "This isn't going to interfere with the continuation of our 
investigation," Oconee County Sheriff's department special investigations 
Lt. Donnie Fricks said about the lawsuit filed against the sheriff's 
department, Anderson County Sheriff's Department, South Carolina Law 
Enforcement Divisions and the individual agents. Janice Burkhart, widow of 
suspected 20-year drug cartel leader William "Ronnie" Burkhart, filed suit 
in Anderson County, claiming the involved agents and their respective 
agencies ruined her reputation by filing requests for accountability 
statements on more than $390,000 in cash.

In 2000, federal Drug Enforcement Agency warrants were filed on Burkhart's 
property and liquid assets, which totaled more than one million dollars in 
cash and lakefront properties.

During that time, federal court judge Ross Anderson placed deadlines on 
agents for forthcoming arrests, insisting that he would release the seizure 
warrants and subsequent case information to local authorities.

When authorities went to a Georgia bank to actually obtain the money, 
however, the money was gone. Burkhart denied having any knowledge of the 
missing money. Later, she pleaded guilty to charges of lying to federal 
agents and concealing seizure property.

The U.S. Attorney's office failed to meet the deadlines, therefore the case 
was handed down to SLED and Anderson and Oconee counties' sheriff's 
departments.

Until that time, the U.S. Attorney's office only attempted to seize cash, 
which totaled nearly $393,000. Local agencies, however, felt they had 
sufficient evidence to pursue the cash as well as the property and seizure 
warrants, which were subsequently issued.

The cash, though, was eventually passed onto the Code Law Firm, Fricks 
said, minus $50,000. Eventually, the entire balance was accounted for, but 
now all of the money has been "spent."

The departments have stated they want to know on what and when the nearly 
$400,000 was spent, and they want documentation.

After the request for accountability was processed, Burkhart's lawyers at 
Code Law Firm filed suit against the agencies and individual agents. The 
130-page suit, containing dozens of pages of transcripts from an April 2001 
federal court hearing, alleges that the involved agents went outside the 
scope of their duties while performing a search of Burkhart's Clemson 
Forest home, and that the agents deliberately tried to ruin her reputation.

Complaints about an Anderson County investigation are also cited, but 
Fricks said that case was dismissed and has nothing to do with this realm 
of the investigation.

"It's a very complicated case," he said. "I've been working on it for 
years. But this won't hold me, the investigation will go on, and more 
arrests will be made."

He would not comment on any particulars about additional arrests.

"We are not stammered by this," Fricks said. "We've performed this entire 
investigation above the board."

No date has been set for preliminary hearings. Burkhart is requesting 
punitive damages, but no specific amount is stated.

ANDERSON - "This isn't going to interfere with the continuation of our 
investigation," Oconee County Sheriff's department special investigations 
Lt. Donnie Fricks said about the lawsuit filed against the sheriff's 
department, Anderson County Sheriff's Department, South Carolina Law 
Enforcement Divisions and the individual agents. Janice Burkhart, widow of 
suspected 20-year drug cartel leader William "Ronnie" Burkhart, filed suit 
in Anderson County, claiming the involved agents and their respective 
agencies ruined her reputation by filing requests for accountability 
statements on more than $390,000 in cash.

In 2000, federal Drug Enforcement Agency warrants were filed on Burkhart's 
property and liquid assets, which totaled more than one million dollars in 
cash and lakefront properties.

During that time, federal court judge Ross Anderson placed deadlines on 
agents for forthcoming arrests, insisting that he would release the seizure 
warrants and subsequent case information to local authorities.

When authorities went to a Georgia bank to actually obtain the money, 
however, the money was gone. Burkhart denied having any knowledge of the 
missing money. Later, she pleaded guilty to charges of lying to federal 
agents and concealing seizure property.

The U.S. Attorney's office failed to meet the deadlines, therefore the case 
was handed down to SLED and Anderson and Oconee counties' sheriff's 
departments.

Until that time, the U.S. Attorney's office only attempted to seize cash, 
which totaled nearly $393,000. Local agencies, however, felt they had 
sufficient evidence to pursue the cash as well as the property and seizure 
warrants, which were subsequently issued.

The cash, though, was eventually passed onto the Code Law Firm, Fricks 
said, minus $50,000. Eventually, the entire balance was accounted for, but 
now all of the money has been "spent."

The departments have stated they want to know on what and when the nearly 
$400,000 was spent, and they want documentation.

After the request for accountability was processed, Burkhart's lawyers at 
Code Law Firm filed suit against the agencies and individual agents. The 
130-page suit, containing dozens of pages of transcripts from an April 2001 
federal court hearing, alleges that the involved agents went outside the 
scope of their duties while performing a search of Burkhart's Clemson 
Forest home, and that the agents deliberately tried to ruin her reputation.

Complaints about an Anderson County investigation are also cited, but 
Fricks said that case was dismissed and has nothing to do with this realm 
of the investigation.

"It's a very complicated case," he said. "I've been working on it for 
years. But this won't hold me, the investigation will go on, and more 
arrests will be made."

He would not comment on any particulars about additional arrests.

"We are not stammered by this," Fricks said. "We've performed this entire 
investigation above the board."

No date has been set for preliminary hearings. Burkhart is requesting 
punitive damages, but no specific amount is stated.
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