Iowa Police Steal $100K From Poker PlayersPair Of Poker Pros Say They Were Targeted Because Of Out-Of-State Plates |
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A couple of poker players are wrapped up in a federal lawsuit against Iowa for what they claim was unlawful seizure of their poker money.
Professional poker players William “Bart” Davis and John Newmerzhycky were driving through Iowa in April 2013 after a World Series of Poker circuit stop in Illinois and were pulled over.
According to the Des Moines Register, Newmerzhycky was driving a rented red Nissan Altima with Nevada license plates. Court documents indicate that it is unclear exactly why the car was pulled over. The poker players claim that they were unfairly targeted for no other reason then having out-of-state plates. Still, that doesn’t justify what happened later.
A shaky explanation from police alleged that they had been tipped off about possible criminal activity connected to the car. From the report:
In a [police] report, [Trooper Justin Simmons ] wrote that an Illinois law enforcement officer had relayed concerns to Iowa authorities about a red vehicle…But in a deposition taken while the pair fought the seizure of their money, Simmons said he did not know why Illinois authorities had flagged the red vehicle or whether they’d suspected it was involved in criminal activity. More than 10 minutes after he began following the car, Simmons initiated a traffic stop, claiming Newmerzhycky failed to signal while passing a black SUV. However, attorneys have now argued that a dash camera video taken from Simmons’ patrol cruiser—which was several car lengths behind the Altima—shows Newmerzhycky using his turn signal, contrary to the troopers’ report.
Apparently, Simmons was about to let them off with a warning, but then decided to ask if they had drugs or cash in the car. They said they didn’t. In reality, $100,000 was in the car.
The trooper called in a dog to sniff around the vehicle and the dog allegedly picked up on something. The car was searched, and authorities found the cash and a grinder, typically used to grind up marijuana. It allegedly contained small amounts of the substance.
The money was confiscated and they were charged in Iowa with possession of drug paraphernalia. However, the cops in Iowa called police in California, where the poker players are from, and for some reason their homes were searched. Authorities in California allegedly found marijuana and both were charged with felonies. Fortunately, those felony charges were later dropped. Both have medical marijuana cards in California.
All of this stemmed from a traffic stop that the pair claims violated their rights.
Iowa tried to keep the entire amount of money, but when the poker players sought legal action to recoup their money, the state relented and gave $90,000 of it back. However, the victims lost about a third of that to attorney fees and were obviously still livid.
The case, which is a cautionary tale to poker players carrying large sums of money, also highlights the ability of police to steal with near impunity from the law.
According to the report, Iowa police receive 100 percent of the proceeds from civil forfeitures they initiate. From 2011-2013, Iowa has seized about $7 million in cash from motorists.
“There is absolutely nothing illegal or uncommon about people driving through the United States with out-of-state plates…and carrying amounts of cash,” the lawyer who filed Davis and Newmerzhycky’s lawsuit tells the Register. “There’s nothing illegal about carrying cash, and yet law enforcement begins to treat individuals who are carrying cash as if they are criminals.”
Since cash, and sometimes a lot of it, is a tool of the poker playing trade, it isn’t uncommon for those in the game to get harassed when found with enormous sums. In some cases, as the Iowa case demonstrates, bankrolls are seized by authorities.
Here’s a look at the dash cam video from the incident.
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