Sunday, May 11, 2014

The Government Has the Power to seize Your Property?



Are You Aware of the Growing Government Power to seize Your Property?

Criminal forfeiture is where prosecutors typically must prove a person is guilty or reach a settlement before freezing funds or selling property.   That has already been judged to be constitutional.  

Civil forfeiture is when police and prosecutors seize property, cars or cash from someone they suspect of wrongdoing.   It differs from criminal forfeiture cases, because authorities don’t have to prove guilt, file charges or obtain a conviction before seizing private property.   Critics say it is a process ripe for abuse, and one which leaves citizens little means of fighting back.

I’m not a lawyer, and don’t claim to be an expert, but I have read the constitution, and as I recall, it specifically prohibits the government from doing this.  
  
Law enforcement officials argue that civil forfeiture powers give them an effective tool against lawbreakers. Freezing funds and seizing assets allow them to hit alleged criminals, frequently suspected drug dealers, where it hurts the most – their wallets.   Well Duh; so would sending them to prison without a trial.  Is that going to be next?

In 1985, the U.S. Department of Justice created its Asset Forfeiture Fund. One year later, the fund -- which holds the proceeds from seized property and is available to be divvied out to law enforcement agencies -- brought in $93.7 million.  In 2008, the amount had ballooned to $1.6 billion.  In 2013, it reached $6.3 billion.

This sounds a lot like a program used by Nazi Germany.  
  
I am NOT making this up.  Check out the following links.
http://www.law.cornell.edu/uscode/text/18/981
http://gothamist.com/2014/01/14/nypd_civil_forfeiture.php#.
https://www.aclu.org/criminal-law-reform/civil-asset-forfeiture
http://fear.org/

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