BLOOMINGTON -- The good fortune Brian Kirkham claimed because of his brother's lottery winning streak ended July 8 when police found -- and took -- $49,460 under the spare tire of a car parked at a McLean County rest area.

Kirkham, of Springfield, said in court records his brother had been a winner three times in the Illinois lottery since 2004, collecting nearly $200,000 in winnings. Kirkham challenged the state's accusation that the large amount of money, found wrapped in bundles in a bag, was ill-gotten gains from drug transactions.

His case is one of more than 300 drug-related asset forfeitures filed so far this year in McLean County for cash and property valued at more than $300,000.

Kirkham's troubles started when Shadia Massey of Springfield was stopped at the Funk's Grove rest area south of Bloomington. State police investigators asked to search the rental car she was driving. Massey told police Kirkham rented the car for her to take to Chicago, according to court documents.

McLean County Assistant State's Attorney Adam Ghrist said investigators have since determined that Kirkham's brother hit the lottery once and returned $9,000 to Kirkham, who despite having the money seized, did not face criminal charges.

Critics of the state's forfeiture law point out that many people lose their property because police suspect a link between the assets and a drug crime. While most people facing forfeitures in local cases also have a criminal case pending, the law does not require that charges be filed, said Ghrist. And, claimants must prove the property was acquired through legitimate means.

Cutting drug benefits

For people who make money selling drugs, the court actions are a way to inflict pain on people who care little about freedom and physical safety, said McLean County State's Attorney Bill Yoder.

"Some people think drug dealing is a lucrative endeavor. They're willing to live underground and risk going to jail. We're going to take away the incentives. One way to deal with these people is to hurt them where it hurts," he said.

If the actions filed under the state's drug asset forfeiture laws are successful, the property is sold by Illinois state police and the cash is divided among state and local law enforcement agencies.

"The law requires the money to be put into supporting prosecutions," said Ghrist. McLean County has used its portion for training and vehicle expenses for the drug unit.

Defense challenges

For defendants involved in a property seizure, the challenges can be serious, said Bloomington attorney Scott Kording.

Noting that asset forfeitures are referred to as "state sanctioned theft" by some in the legal community, Kording said "it's a pretty onerous set of circumstances to impose on someone" accused of a potential drug crime.

Changes in the law that could level the playing field for defendants include removing the state's ability to retain property if a claim is not filed within 45 days, said Kording. Posting a mandatory bond equal to 10 percent of the value of property also prevents some from filing a claim, he said.

The U.S. Supreme Court heard arguments in October in a Chicago case filed by six people who were never charged with crimes but had their property seized by police. The challenge has been carefully watched by attorneys and lawmakers on both sides of the debate over drug asset forfeitures. If the high court pulls in the reins on forfeiture actions, the process of claiming property could be streamlined to allow property to be returned much faster to people innocent of drug-related activity.