In re Property Seized From Bo Li, Na Tian, And Wei Tian

Practicing massage therapy without a license is not a serious misdemeanor, and therefore, the district court properly dismissed the forfeiture action in this case and ordered the cash returned to the claimants.Responding to complaints by neighbors suspecting prostitution, police raided a spa advertising massage services and seized cash, cell phones, and other property. Thereafter, the State filed a civil in rem forfeiture action alleging that the cash was the proceeds of an unlicensed massage business or prostitution. The district court ruled (1) the State failed to meet its burden to prove prostitution, and (2) practicing massage therapy without a license was not a crime and therefore could not support forfeiture. The district court then dismissed the in rem forfeiture action and ordered the cash returned to the claimants. The Supreme Court affirmed, holding (1) practicing massage therapy without a license is not a serious misdemeanor; and (2) the district court did not err in finding that the State failed to meet its burden of proving the seized funds were the proceeds of prostitution. View "In re Property Seized From Bo Li, Na Tian, And Wei Tian" on Justia Law