It's my understanding that surrenders can be adopted immediately.  If seized, then yes, they have to wait for the court case.  But Schmoll would then also be required to pay restitution on all the feed/vet care that each of them has received if he wanted to get them back.  I imagine that would be quite cost prohibitive for him.  I have a friend who once had horses seized over bogus charges and had to pay a certain amount of money per head to get them back, even though she won her case.  They were not neglected, but she was charged "board" for each horse for the length of time they were held at the "rescue" facility.  If she would not have been able to come up with the money AND have them all off the rescue's property within 24 hours of getting the ruling, the rescue would have adopted them out.  I don't know all the legal why's and wherefore's, but that is my understanding of how it works.

According to what I have read/heard, Schmoll DID voluntarily sign them over, so the agencies working on this case were within their rights to adopt/foster them out.

As someone who has had her hands on some of his ponies, I can tell you this man was in no way helping them.  I have never touched a pony so thin in my life.  It literally grossed me out to touch her.  And to brush her, you feel like you are being cruel, there is no fat under the skin.  Her skin feels harsh and you feel like you are brushing bones.  So sad.  Reading those two articles actually made me angry.

Sammy the Saddlebred