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Yet another agency gets authority to seize cash that might have something to do with drugs.
Americans for Forfeiture Reform ^
| August 28, 2012
| Scott Alexander Meiner
Posted on 08/31/2012 8:27:56 AM PDT by Altariel
Attorney General Eric Holder has granted the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) authority, for a one-year trial period, to seize and administratively forfeit property allegedly involved in controlled substance offenses pursuant to United States Code Title 21 Chapter 13 Subchapter I Part E § 881.
21 U.S.C. § 881 is, among other things, often invoked to seize and forfeit bulk currency, where no drugs are found, on theories that the currency was furnished, or intended to be furnished, in exchange for a controlled substance.
AG Holders rulemaking announcement declared that such changes are exempt from the general notice and comment requirements because the department determined that the change does not affect individual rights and obligations.
AG Holder also declared that this rule change lacks sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
KEYWORDS: 2012; atf; atfdrugs; bafte; banglist; batfe; donttreadonme; donutwatch; drugs; drugwar; govtabuse; middleclass; policestate; rapeofliberty; seizemoney; seizureauthority; tyranny; warondrugs; waronliberty; waronprivateproperty; wod; wodlist; wosd
The rule takes effect February 23, 2013, and is final
Notice and comment rulemaking is not required for this final rule. Under the APA, rules of agency organization, procedure or practice,5 U.S.C. 553
(b)(A), that do not affect individual rights and obligations,Morton
415 U.S. 199, 232 (1974), are exempt from the general notice and comment requirements of section 553 of title 5 of the United States Code.
posted on 08/31/2012 8:27:58 AM PDT
Just another front in Ubama's war on private property, and plank #4 of Karl Marx's Communist Manifesto.
|The Ten Planks of Karl Marx's Communist Manifesto
(and How Statists Implement Them)
- Abolition of private property rights (via high property taxes, restrictive zoning laws, "fair housing" edicts, environmental and "wetlands" regulations, and UN Agenda 21)
- Institution of a heavily graduated income tax (by calling it "taxing the rich")
- Abolition of all rights of inheritance (through a confiscatory estate tax on "the rich")
- Confiscation of the property of enemies of the state (through lawless application of asset forfeiture and eminent domain)
- Centralization of credit into the hands of the state (Federal Reserve, Federal Trade Commission, TARP, etc.)
- Centralization of the means of communication and transportation into the hands of the state (FCC, DOT, FEMA, etc.).
- Consolidation and subjugation of all major industries to central government control (FDA, EPA, OSHA, ICC, NLRB, EEOC, etc.)
- Mandatory labor union membership (public-sector unions, unionization of 21-million Obamacare health care workers, automatic withholding of forced union dues, "card check," etc.)
- Equitable redistribution of all wealth (TANF, SSI, EITC, SNAP, etc.)
- Free public education (and food and health care and cell phones and Internet access, etc.)
posted on 08/31/2012 8:35:52 AM PDT
by E. Pluribus Unum
(Government is the religion of the sociopath.)
These seizure laws are a complete sham. Guilty till proven innocent which is virtually impossible to do.
If one is planning on going out drinking in some locales, they would be wise to rent a car, or get a taxi, because they don’t seize property you don’t own from what I gather.
Just another way for the government to get into your bill fold IMO. I detest these seizures. They are allowed because they are considered the instrumentalities of a crime. Tell me how someone with a big bill fold is ipso facto guilty of using that in the purchase of drugs? All it takes is someone to think that is so, and it becomes official.
BTW, this is not something we can lay only at His Excellency’s feet, it has been ongoing for years.
posted on 08/31/2012 8:54:33 AM PDT
(Voting is an opiate of the electorate. Nothing changes no matter who wins..)
What a country! 1930s Germany got nothing on us.. or the STazi.
posted on 08/31/2012 8:54:44 AM PDT
I respected the Democrat party back when they cared about the Fourth Amendment (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.). Today’s progressives merely disgust me. There is no excuse for these seizures.
posted on 08/31/2012 9:19:33 AM PDT
(Freedom is never more than one generation away from extinction. - Ronald Reagan)
To: E. Pluribus Unum
Good, if depressing, list you have there.
posted on 08/31/2012 9:22:45 AM PDT
(Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
I wonder if this is aimed squarely at those who practice ‘Prepping’? Many of who own weapons of various calibers and need more stocks of ammunition therefore. Also they could be accused of hoarding and lastly they ‘probably’ keep larger than normal amounts of cash on hand in case of emergencies.
I respected the Democrat party back when they cared about the Fourth Amendment (The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.). Todays progressives merely disgust me. There is no excuse for these seizures.
Can't put it all on the dems. Republican hands are just as dirty in the drug war.
posted on 08/31/2012 10:01:24 AM PDT
by Ken H
To: Pollster1; E. Pluribus Unum
According to Thomas V. Kukura, J.D. of the DEA, "It was not until 1984 that Congress, in 21 U.S.C. Section 881(a)(7) of the Controlled Substances Act (CSA), authorized the civil forfeiture of real property used or intended to be used to facilitate drug trafficking." (https://www.ncjrs.gov/pdffiles1/Digitization/132714NCJRS.pdf)
Do you recall who was President then?
posted on 08/31/2012 10:43:09 AM PDT
(A free society's default policy: it's none of government's business.)
To: Altariel; E. Pluribus Unum
posted on 08/31/2012 11:39:18 AM PDT
A couple of weeks ago, I had to drive across town with $15,000 cash. There was a time when I would’ve worried about robbers. But now, I was terrified of being pulled over and the cops taking it.
I guess the robbers wear blue now.
Here's why we're doomed. This thread gets 11 responses. A thread about Biden saying something goofy or Michelle Obama being arrogant will get hundreds.
The frog is boiled.
To: Forgotten Amendments
Many conservatives support the War on Drugs; many do so in ignorance, not realizing all the implications.
Sadly, when same laws are used against them, it may be too late. I pray their eyes are opened before that happens.
posted on 09/01/2012 7:53:04 PM PDT
("Curse your sudden but inevitable betrayal!")
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