The Dark Side of Animal Control in Virginia
Government Officials Profiting from Animal Seizures?
In the rolling hills of Fauquier county, on a beautiful spring evening, a young man returns to his farm after a long day’s work. He starts down his long winding driveway. As he approaches his front door, something seems terribly wrong~ the house seems to have been burglarized. His heart is racing as he enters the house… His home has been rifled through, drawers pulled out, belongings scattered in disarray. “Burglars!” he gasps in disbelief. All of a sudden he stares at the empty spaces where his pets have been. Gone. All disappeared, most never to be seen again. Hand-raised cockatoos, his dogs, cats, $3000 custom bird cage. Outside, he notices in horror that his pair of white peacocks are gone. His horses also disappeared.
This was not a bad dream, but a living nightmare that actually happened in Fauquier County where animals are like a second religion; horse events and hound sporting traditions are revered. This was an example of the handiwork of rogue Humane Investigator Hilleary Bogley and Animal Control. Can this happen, you ask? Yes, it can. It appears she actually trespassed onto his property in order to get “probable cause”, or to get a search and seizure warrant for the next step of her vile plan to abscond with his beloved pets. This court case was dismissed due to a finding of illegal search and seizure, but the unsuspecting owner faced an abandonment charge when Bogley hid his horses, refusing to divulge the location to his lawyer, then charged him $15,000 in care costs which were not ordered by the court. With the original court order to have his horses be returned, Bogley was essentially extorting money from the owner, and should have been charged with contempt of court. Sound like harassment? She then came back by way of the Commonwealth Attorney who charged him with abandonment. The general district court judge found the owner guilty of abandoning the very horses which he himself had ordered returned to the owner! Then, the judge ordered a $25,000 care bond paid by cash, in order to appeal to the circuit court, who also ruled against the owner. By that time, the owner and his lawyer appealed to the Court of Appeals, and literally at the last hour, the Circuit court judge slapped another $25,000 care bond on him, to no avail. The Court of Appeals allegedly refused to hear the case, and the owner lost his horses and his $25,000. It seems that Bogley may have gotten her care costs and a bonus, after all.
It seems like the M.O. is to siphon off as much money as possible from the animal owner to bankrupt him, keep firing criminal charges to keep him at bay, so they have the animals and the cash. The animals were in good shape, but Bogley didn’t think so, or at least, she tried to make the situation look bad.
The most recent controversy is the impounding of a show breeder’s entire kennel of Cavalier King Charles Spaniels, including mothers with nursing puppies. Despite a notice of compliance given with three dogs that “needed veterinary visits,” a few days later, Bogley directed the entire kennel of spaniels worth over $200,000 to be grabbed suddenly and without warning, taken under threat of armed force with multiple gun-toting sheriff’s deputies trampling through the owner’s house. They curiously they left behind several cats and another dog which were not valuable, yet were living in the same household. All the spaniels were given possession to Bogley’s Middleburg Humane Foundation by Judge Gregory Ashwell, whose son is on the board of the SPCA , and didn’t recuse himself from hearing the case. The SPCA was given half the dogs as a “spillover.” The owner has appealed the case and has sued Bogley and others in Federal Court for damages relating to numerous violations of federal law, including civil conspiracy, RICO, and slander of title.
This is a dangerous trend across America in animal humane investigations that smacks of “the pot calling the kettle black.” False accusations of animal neglect are rampant and they are cleverly disguised as legitimate actions by animal control agencies. It is very easy to falsify accusations of “neglect.” These quickly turn into threats of criminal prosecution, both of which are being used as a tool to deprive people of their property and God-given constitutional rights as American citizens, often enriching the coffers of the private entities working with local government officials. Reportedly the HSUS is often involved behind the scenes in many “raids.”
That blackness seems to surround Marshall, Virginia resident Hilleary Bogley. She has been a subject of controversy as being heavy handed in her role as Fauquier and Culpeper County Humane Investigator. Why, you ask? She must be doing a good job, she has a Humane Foundation. Saving little Fluffy from abuse, everyone wants that, right?
The problem is that she has an official government position as Humane Investigator who has the power and authority to issue warrants and seize any animal she sees fit to take, or simply wants. She is also founder and director of a “non-profit” shelter. She should not, ethically or legally, be allowed to profit from her exploits. But, local judges invariably grant custody of the animals she seizes to her own Middleburg Humane Foundation. And not all of these animals are neglected and abused. Many of the animals she targets are healthy, marketable, and valuable. From a rational person’s perspective, isn’t this a dangerous conflict of interest?
Serious allegations have been made about her questionable tactics in procuring “abused pets.” There have been reports that she has defied court orders to return animals. Others lament that huge financial cash “board” bonds are often required by the local court which prevent most people from getting back their animals, thereby forfeiting them with no recourse. This type of bond is questionable as to its legality as it directly is in violation with Federal law and previous case law. Bogley reportedly threatens owners with “making their life difficult” if they don’t capitulate to her demands, such as signing documents which are not legally required or pressuring owners into giving up their pets.
People are saying that Bogley’s position as Humane Investigator is prone to being used as a means of enriching the non-government organization she controls. Her salary from the Foundation is reportedly close to $70,000. Reportedly her foundation is raising money to build a very expensive million dollar plus building at her Marshall property. Online advertisements of animals for adoption or “pending court cases” have been distributed by her cohorts to solicit cash donations via PayPal and supplies. The dogs were ready to go to “foster homes” within days of being taken. Does this raise any red flags? You mean the dogs didn’t have to be rehabilitated first? These animals bring lots of money in donations and adoption fees.
The Code of Virginia Section 3.2-6557 states: No animal control officer, humane investigator, humane society or custodian of any pound or animal shelter shall: (i) obtain the release or transfer of an animal by the animal’s owner to such animal control officer, humane investigator, humane society or custodian for personal gain; Violation of this statute is a crime, a class one misdemeanor which can bring sanctions of not more than 12 months in jail ; a fine of not more than $2500, either, or both; a Humane Investigator’s state license may also be revoked as a result of being convicted.
The Fauquier County County Court and Commonwealth Attorney’s office have deliberately ignored Virginia Code § 3.2-6557 in several cases, including a recent million dollar slander lawsuit against Bogley which was dismissed by Judge Parker, as she had “immunity.” Judge Ashwell ignored addressing this code violation in writing, when a owner’s attorney argued that Ashwell’s gift of a quarter of a million dollar’s worth of pedigreed spaniels to Bogley’s Middleburg Foundation was illegal. Senior Assistant Commonwealth Attorney Russell Rabb responded that Bogley should not be found in violation because she could lose her license and be sanctioned. That statement comes from the highest law enforcement office in Fauquier county whose purpose is to uphold the laws? Rabb is actually saying, “Well, let’s disregard that law, so we can just keep the status quo.”
Incredibly, the local judiciary all seem to be oblivious to the serious danger her conflict of interest is posing to the community at large.
Formal complaints have been made to the FBI concerning her exploits in Fauquier county as recently as this month. State officials, some of whom have reportedly contacted Commonwealth Attorney James Fisher, seem very concerned about her tactics and the flagrant conflict of interest.
Why does the local government continue to condone this behavior? Why do the state officials not lower the boom on what is a huge civil, and perhaps criminal liability to the government?
It is time for people to educate themselves on their God-given constitutional rights and to critically examine their state laws, especially the ever encroaching “animal welfare” laws in Virginia, many of which are in direct conflict with U.S. Constitutional law. And it is imperative to stand up for one’s rights against abuse of power in government. The government is there to serve the people, not to be tyrants of the people.
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