Smith v. Cisco

In a state forfeiture action, the plaintiffs lacked standing to participate in the state's decision-making process concerning which property should be forfeited.

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In 2008, the District Attorney for the Brunswick Judicial Circuit the State initiated in personam and in rem forfeiture proceedings in the Superior Court of Camden County, Georgia under Georgia’s Racketeer Influenced and Corrupt Organizations RICO Act, OCGA 16-14-1. In its complaint, the State sought forfeiture of both cash and property that had been used or acquired in a pump rigging scheme allegedly devised by the in personam defendants,1 who were owners and operators of three fuel plazas the in rem defendants located along I-95 in south Georgia, which caused customers to pay for a greater quantity or quality of fuel than was actually dispensed at the pumps. See also Cisco v. State of Ga., 285 Ga. 656 680 SE2d 2009.

Based on these same underlying facts, former customers Jonathon Smith, Streamline Logistics, LLC, Betty Padgett, and B & L Express, Inc., appellants herein, filed a class action in federal district court, seeking to recover five million dollars in compensatory damages as well as punitive damages, expenses of litigation and attorney fees based on claims of fraud, negligent misrepresentation, negligence, money had and received, unjust enrichment, and violations of Georgia’s Uniform Deceptive Trade Practices Act. These same parties also filed a motion to intervene, individually and on behalf of others similarly situated, in the state forfeiture proceedings and the trial court granted their motion pursuant to OCGA § 16-14-6 d. Additionally, two oil jobbers or suppliers, Gowen Oil Company and Sommers Oil Company hereinafter oil jobbers, also were allowed to intervene in the state forfeiture proceedings and they also filed claims of interest in these proceedings.

Smith v. Cisco

In a state forfeiture action, the plaintiffs lacked standing to participate in the state's decision-making process concerning which property should be forfeited.

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