Kelleher v. State of Georgia

Banke, Presiding Judge.

This litigation began as an in rem forfeiture proceeding brought by the State of Georgia to condemn certain property belonging to the appellant, pursuant to the provisions of the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act, OCGA § 16-14-7. The appellant responded by filing a multi-million dollar counterclaim alleging that the state had seized his belongings without any valid legal basis, had maliciously pursued an unfounded criminal prosecution against him in connection with the seizure, and had defamed him by distributing “false unsubstantiated…