It’s Wrong to Steal…Even When the Government Does It Using Asset Forfeiture
As a grumpy libertarian, I routinely get agitated about taxes, spending, and regulation. As far as I’m concerned, much of government is a racket that uses coercion to reward interest groups with unearned wealth.
But there are degrees of evil. So if you asked me to pick the most reprehensible thing that government does, “asset forfeiture” might be in second place (hurting poor people to benefit rich people is at the top of my list).
Asset forfeiture occurs when government seizes property that is associated with a crime. That sounds reasonable – and it is reasonable if someone is convicted of, say, bank robbery and the government confiscates the stolen cash and any loot purchased with that money.
But it is not reasonable (or moral, or just, or appropriate) when government seizes assets without a conviction. And it is downright disgusting when the government steals (and I use that word deliberately) the assets of innocent parties.
And now… the rest of the story. …..
Harold
EXPECT MORE POLICE CORRUPTION WITH NO-WARRANT SEARCHES
U.S. Government wants the power without a warrant, to introduce as evidence in criminal prosecutions and government civil trials, any phone call record, email or Internet activity. Alarmingly, that would open the door for Police to take out of context, any innocent—hastily written email, fax or phone call record to allege a crime or violation was committed to cause a person’s arrest, fines and or civil asset forfeiture of their property. There are more than 350 laws and violations that can subject property to government asset forfeiture: Government civil asset forfeiture requires only a civil preponderance of evidence for police to forfeit property, little more than hearsay.
If the Justice Department has its way, any information the FBI derives from (no warrant) acquisition of Web Server Records; User Internet Activity, emails; and phone records, can be used by the FBI for (fishing expeditions) to issue subpoenas in hopes of finding evidence, to prosecute Citizens for any alleged crime or violation—circumventing the Fourth Amendment. Consider: neither Congress nor the courts—determined what NSA electronic surveillance, perhaps illegal under Bush II, could be used by police or introduced into court by a government agency to prosecute U.S. Citizens criminally or civilly. If the Justice Department is permitted (No-warrant) surveillance of all electronic communications, it is problematic state and local law enforcement agencies and private government contractors will want access to Bush II /NSA and other government (retained electronic records) of Internet activity; emails and phone call information to secure evidence to arrest Americans and or civilly forfeit their homes, businesses and other assets under Title 18USC and other laws. Of obvious concern, what happens to fair justice in America if police become dependent on “Asset Forfeiture” to help pay their salaries and budget operating costs?
The “Civil Asset Forfeiture Reform Act of 2000” (effectively eliminated) the “five year statue of limitations” for Government Civil Asset Forfeiture: the statute now runs five years (from the date) police claim they “learned” that an asset became subject to forfeiture. It is foreseeable should (no warrant electronic surveillance) be approved; police will relentlessly sift through businesses and Citizens’ (retained Internet data), e.g., emails to allege a crime or violation. A corrupt/despot U.S. Government, could use no warrant (retained Internet data and phone call information) to extort Americans, corporations and others in the same manner Hitler used his 1933 passed Discriminatory Decrees to extort corporations and the wealthy to support totalitarian legislation—voiding the Constitutional Freedoms of German Citizens.
Under U.S. federal civil forfeiture laws, a person or business need not be charged with a crime for government to forfeit their property. Most U.S. Citizens, property and business owners that defend their assets against Government Civil Asset Forfeiture claim an “innocent owner defense.” This defense can become a (Catch 22) a criminal prosecution trap for both guilty and innocent property owners. Any fresh denial of guilt made to government when questioned about committing a crime “even when you did not do the crime” may “involuntarily waive” a defendant’s right to assert in their defense—the “Criminal Statute of Limitations” past for prosecution; any fresh denial of guilt even 30 years after a crime was committed may allow Government prosecutors to use old and new evidence, including information discovered during a Civil Asset Forfeiture Proceeding to launch a criminal prosecution. For that reason many innocent Americans, property and business owners are reluctant to defend their property and businesses against Government Civil Asset Forfeiture.
Re: waiving Criminal Statute of Limitations: see USC18, Sec.1001, James Brogan V. United States. N0.96-1579. U.S. See paragraph (6) at:
http://www.law.cornell.edu/supct/html/96-1579.ZC1.html