Posted on 11/05/2013 8:23:37 AM PST by Kaslin
In criminal court, you are innocent until proven guilty.
It's a different matter altogether in civil forfeiture, where prosecutors can and do seize the assets of anyone on phony charges. Given there is no recourse or fine, the best the innocent victims can do is get their property back, most likely with a huge delay, if at all.
Consider the plight of Terry Dehko and his daughter Sandy Thomas. They run a small grocery store in Fraser, Michigan. Because their insurance only covers a cash limit of $10,000, they frequently make smaller deposits. One day last January, the government seized $35,000 of their assets, not in the store, but in the store account.
Officials said Dehkos had violated federal money-laundering rules, which forbid people to “structure” their bank deposits so as to avoid the $10,000 threshold that triggers banks to report a transaction to the Internal Revenue Service (IRS).
There was no evidence of guilt. Dehko was not charged with any crimes, and the IRS supported Dehko's claim. Nonetheless, Dehko is offered 20% of the amount taken from him.
Grabbing Hand of the Law
The Economist explains the plight of Dehko in its report The Grabbing Hand of the Law
In criminal cases, the government can confiscate assets only after a conviction. Under “civil forfeiture”, however, it can grab first and ask questions later. Property can be seized merely on the suspicion that it has been involved in a crime. Citizens have no right to a swift hearing. For a small business, that can be fatal.
In many civil-forfeiture cases the agencies that seize the assets keep most of the proceeds, and can use them to pad their budgets or buy faster patrol cars. It is hard to know how common this is, but the Institute for Justice (a libertarian law firm that is representing the Dehkos) notes that the federal government shared $450m of seized assets with state and local authorities in 2012.
The grabbers do not always prevail. A motel owner in Massachusetts recently won back his motel after prosecutors tried to seize it because one guest in 13,000 had been arrested for drug offences. In October in California, prosecutors who were trying to seize a building because two of the tenants were marijuana dispensaries (which are legal under Californian law), gave up and let the landlord keep it.
But this is scant comfort for the Dehkos, who are struggling to hold on to the store they have run since 1978. “It’s kind of scary that they can do this to you,” says Ms Thomas. “In America, you’re supposed to be innocent until proven guilty.”
These laws need to be removed from the books.
One of the main justifications of this IRS rule was tracking profits from “illegal” drugs.
How long can people call themselves Conservatives and trample the Bill of Rights under the boots of “law and order” and “public safety”?
“The law is an ass” because it makes itself so!
Prosecutors need to be imprisoned, as a general rule.
Why?
About 95% of our politicians are outright Communists or of a Communist bent, including the GOPe. Added to that the unaccountable government employees who are so inept they know they would be making burgers if they didn't have an overpaid government job, love the power and the ability to subjugate the citizens of our once-free Country.
Time for a barter society...
>> Why?
>>About 95% of our politicians are outright Communists or of a Communist bent, including the GOPe. Added to that the unaccountable government employees who are so inept they know they would be making burgers if they didn’t have an overpaid government job, love the power and the ability to subjugate the citizens of our once-free Country.
You asked the wrong question since you abundantly answered “Why?”
The real question is “How?”
The answer is heads on pikes. The Soap Box, Ballot Box, and Jury Box belong to the enemy now.
“”Drug warriors” are directly responsible for these atrocities. They never accept responsibility. but they are directly responsible for more loss of liberty in this country than just about any other group.”
Yep.
In before the first “you’re a bunch of pot smoker dopeheads!”
For the record, never used pot, etc. Don’t plan too.
Yep. These Civil Forfeiture laws violate the Constitution.
While we’re at it we need end administrative law as well. The executive isn’t supposed to be the legislative and judicial branch all rolled in to one.
These people have never worked at a legitimate job ever in their lives, and have never owned a business. In their shrunken minds, earning money legitimately is wrong.
You owe an apology to all people who make their money flipping burgers for this insensitive analogy.
Apparently forever, right ansel12? I pinged you since this is right up your misguided alley. ansel12 is for every possible infringement to our rights in order to support the WOD
Hehe, as a former burger flipper (among other things), I can tell you straight up it’s not as easy as it looks.
Good Lord man, don’t start stalking me, or trying to drag me onto other threads that I’m not on.
Don’t personalize your posting at FR.
Sorry. Years ago I flipped burgers to make extra cash. I do know how it goes. I maligned burger flippers and apologize.
People that claim to be conservative while really being in favor of un-Constitutional government overreach need to be brought out into the light for all to see.
Actually it does work that way, don’t start stalking or harassing freepers.
Do not carry grudges and personalizing things, for instance by pursuing individual freepers.
WHO elected them?
I’m into franchising now! ;^)
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