Smuggler’s Frequent Flier Miles Targeted

Marijuana smuggler Robert Michael Pate has lost his house, his money and his liberty.

Now, federal prosecutors are after his frequent flier miles.

Prosecutors say the 117,705 miles Pate logged between Philadelphia; Newark, N.J.; and Toronto on USAir were made as part of his drug business - and, therefore, are government property.

“I think it’s ingenious,” said U.S. attorney Lynne A. Battaglia, who filed the forfeiture claim, believed to be the first of its kind. Battaglia says she wants to give the mileage to local law enforcement agencies so they can pursue other drug traffickers.

While the seizures of Pate’s house in Florida and his Baltimore bank accounts were relatively routine forfeiture procedures, some aren’t so convinced that the government’s claims on his frequent flier miles are legal.

“It’s a pretty broad reach for assets,” said David L. Jacobson, a Baltimore defense lawyer who specializes in asset forfeitures.