“In a number of similar cases, the government has argued that because the seizure case was dismissed without prejudice, the plaintiff does not count as the ‘prevailing party’ under CAFRA and therefore is not entitled to full recompense. In his response to the government’s motion, Institute for Justice attorney Rob Johnson hit the nail on the head, writing, ‘The government’s gambit to evade its statutory obligations should not be rewarded. Having dragged Claimants into ten months of costly and unnecessary legal proceedings, the government should be required to make Claimants whole.’ This is not a new gambit, by the way.”
http://fee.org/anythingpeaceful/detail/he-beat-the-irs-in-court-but-they-wont-make-him-whole
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