Court Says Feds Can Confiscate Half a House for Pot Crime

By Anastacia Mott Austin

A federal appeals court has ruled that a woman who had no part in her husband’s marijuana crime may keep the rights to their home – her half of it, that is.

The 2nd Circuit U.S. Court of Appeals ruled Wednesday that Harold von Hofe must turn over to the federal government his interest in the home, which he owns jointly with his wife, Kathleen. But because she was not involved in the crime, and was apparently unaware of his "horticultural hobby," she may keep her half.

In 2001 von Hofe pleaded guilty to manufacture or distribution of a controlled substance after a police raid of their home found 65 pot plants, pipes, and other marijuana paraphernalia. Kathleen von Hofe pleaded guilty to possession of a controlled substance, which is a misdemeanor, but later said she only made the plea when officials threatened to involve the couple’s sons in the case.

Both Harold and Kathleen von Hofe were given suspended sentences and probation for their crimes.

However, when the feds initiated a seizure of the couple’s home, they appealed. The federal government is permitted to gain title to property that has been used in the process of committing a federal crime, according to the Comprehensive Drug Abuse Prevention and Control Act of 1970.

But the von Hofes claimed that the forfeiture of the entire house was in violation of the Excessive Fines Clause of the Eighth Amendment.

The court agreed, at least in half. "The record is devoid of any evidence indicating her use of drugs or her involvement in any criminal activity whatsoever," wrote the court of Kathleen in its decision.

The court did specify that Kathleen von Hofe was aware of her husband’s activities and didn’t prevent them, but that the knowledge alone was not enough to deprive her of the right to her home.

"Not only would forfeiture [of Mrs. Von Hofe’s half of the house] extinguish her substantial equity," added the court, "but it would amount to an eviction, destroying her right to maintain control over [the] home, and to be free from governmental interference…a private interest of historic and continuing importance."

Apparently taking over half of her home does not amount to "governmental interference."

The couple owned the house outright, which was valued at approximately $248,000.

Now Kathleen von Hofe will likely be forced to obtain a mortgage for the feds’ half of the house.

Said the von Hofe’s attorney, Jonathan J. Einhorn, to reporters, "We won the appeal for Kathleen, so she ends up owning half-interest with the government."