Friday, July 10, 2009

Common Sense

I find that I often disagree with the opinions that come out of the 9th. Circus Court of Appeals but on this one we can agree:

A Syrian citizen lost a bid to a federal appeals court in San Francisco Friday to get back $40,000 he paid to an undercover agent for four forged green cards in 2005.

The 9th U.S. Circuit Court of Appeals said Abdul Masih Kardoh was not entitled to have the government return his money because he paid it in an illegal transaction.

Kardoh was then arrested, but was never prosecuted and was deported to Syria two months later.

He claimed he should get his money back because he was never convicted of a crime.

A trial judge, Chief U.S. District Judge Vaughn Walker of San Francisco, agreed and ordered the government to return the money.

But a three-judge appeals panel overturned that ruling, saying the money was forfeited under a longstanding legal doctrine in which a person who delivers a payment under an illegal contract isn't entitled to recover that money.

My question is why wasn't Mr. Kardoh tried for the act of purchasing false ID? It seems like a pretty simple case to me!