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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 11:35 AM
Original message
States, feds allow assets used in crimes to be seized
Source: Arizona Daily Star

State and federal laws allow law enforcement agencies to seize assets used in certain criminal enterprises and use the proceeds to fight crime.

The Racketeer Influenced and Corrupt Organizations Act — or RICO — allows law enforcement agencies to seize cash, homes, cars or anything else of value used in the commission of a crime or purchased with the proceeds from a crime.

Drug dealing, financial crime and even a drive-by shooting can leave suspects vulnerable to having assets seized.

To determine if property has been purchased with crime proceeds, forensic accountants are called in to compare legitimate income to expenditures after subpoenaing bank and tax records, said Deputy County Attorney Tom Rankin, who heads the forfeiture unit.

AZ Starnet



Read more: http://www.azstarnet.com/altds/pastframe/metro/237372



This expansion of asset seizure suggests 'we' didn't learn from questionable "War on Drugs" seizures in the past or maybe 'we' did, it depends entirely on one's point of view.
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 11:38 AM
Response to Original message
1. Including McMansions, yachts, private jets, vacation homes of Wall Street criminals
who perpetrated sub-prime crimes?
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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 11:43 AM
Response to Original message
2. Wow. Think they'll seize Air Force One?
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OKthatsIT Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 05:43 PM
Response to Reply #2
18. LOL...or those jets coming out of Columbia?
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baldguy Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 11:48 AM
Response to Original message
3. So if a criminal takes a bus or a plane to the scene of their crime...?
Of course this only applies to individuals, not corporations. If you loan your car to a friend and he gets arrested for drug possession, you've just lost your car. But if he get arrested on a Southwest 767, Southwest gets to keep the plane.

Is it fascism yet?
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BRLIB Donating Member (347 posts) Send PM | Profile | Ignore Mon May-05-08 11:48 AM
Response to Original message
4. That means the entire assets of the capitalist system can be seized!
I didn't get to vote on it so it is not legitimate. In my eyes, it is a "criminal enterprise".

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Stalwart Donating Member (180 posts) Send PM | Profile | Ignore Mon May-05-08 12:01 PM
Response to Original message
5. Contract Law Enforcement Out
To Blackwater giving them half of seizures. Used to be called privateers. Make it pay big bucks to to Blackwater like Iraq but here the govt gets an official slice. Don't forget the immunity clause for the innocent Americans killed (or raped) as collateral damage.

Public/Private partnership in the war on crime. No liability, all profit. Allow Blackwater to subcontract their authority. Maybe an Amway business model.

ROEs: Shoot on site, dead or alive.
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Tandalayo_Scheisskopf Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 12:40 PM
Response to Original message
6. They leave a lot out in that little piece.
If the feds, or any LEA decides to take you down, they can sieze everything on suspicion, until they either take their own sweet time giving it back(usually trashed) or they can just keep it. Which they often do, even after the person has been found not guilty or completely exhonerated. For instance, parents have lost their homes when their children are busted for drugs while living there. Or cars.

The larger lesson you can take away from all this is that in the eyes of the government, no part of your property is your own, you only posess and control it at the sufferance of the government and they can divest you of it for many, many reasons, and as they see fit.

Some democracy we got us here, huh? Wasn't this way always, it just came to pass from that tiny slice of paradise called "The War on Drugs", which has the extra added benefit of creating a large and largely disenfranchised underclass, AKA: goddamn cheap labor and no threat of being a real economic player.
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katerinasmommy Donating Member (189 posts) Send PM | Profile | Ignore Mon May-05-08 01:18 PM
Response to Reply #6
7. Bingo
Seizure laws are one of the most totalitarian things that have happened to this country, excluding George Bush. I used to live in Illinois and there was a case I knew of personally where a man was selling drugs and living with his Grandmother. She had no idea he was doing this and lost the house. Never got it back either. What the hell happened to due process? By the way, don't blame Bush for this one, though I'm sure he's all for it. It started happening under Bubba Clinton
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Turner Ashby Donating Member (140 posts) Send PM | Profile | Ignore Mon May-05-08 01:52 PM
Response to Reply #7
8. The standard is so low as to be laughable
in these seizure cases also. Isn't the word a kleptocracy?
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YankmeCrankme Donating Member (576 posts) Send PM | Profile | Ignore Mon May-05-08 02:12 PM
Response to Reply #7
9. Actually, RICO started under Reagan and has expanded ceaselessly since. nt
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Hannah Bell Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 03:44 PM
Response to Reply #9
14. I believe it was earlier - 1970 = nixon.
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Tandalayo_Scheisskopf Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 05:30 PM
Response to Reply #7
17. Actually no.
It started before Clinton and opposition to The War on Drugs and its more noxious tendancies has long been a political third rail.

It's also been very effective at creating fear in the populace, although its fallen on hard times with that, thanks to The War on Terror and Brown Folks.

Too many politicians are too stupid to effectively govern, much less breathe, so The War on Drugs has been a great free gimme for them. A little demogoguery, a lot of fear, say goodbye to those your rights, which only get in the way of what some people really want to do.
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YankmeCrankme Donating Member (576 posts) Send PM | Profile | Ignore Mon May-05-08 02:14 PM
Response to Reply #6
10. Yes, it certainly reminds me of how monarchies ruled.
King's could sieze anybody's property on a whim.
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bean fidhleir Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 04:33 PM
Response to Reply #6
15. Don't forget that they can seize from the innocent as well
and the crime need not be more than a misdemeanor. E.g., the woman who lost her half-ownership of the family car when her husband drove it downtown and solicited a cop. Anthony Kennedy: "well, she didn't lose much; it wasn't an expensive car".
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noonwitch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 03:10 PM
Response to Original message
11. My problem with asset seizures is that they occur pre-conviction
I don't think the government should be able to take your property prior to a conviction, except that which it is illegal to possess (like confiscating illegal drugs).
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 03:32 PM
Response to Reply #11
12. Not only that, but on "probable cause," a higher burden of proof shifts to the owner
Under current law, the government is simply required to meet its low standard of proof - probable cause that the property is subject to forfeiture - then the burden shifts to the property owner to prove either the "properties innocence," or that the owner did not know and did not consent to the property's illegal use.

The government's probable cause burden, in reality, means only slightly more than a hunch and far less than what is necessary to prove guilt in a criminal court. It is commonplace to have a seizure and forfeiture of money and property based solely on hearsay "evidence" that is deemed too unreliable to be admissible in most other judicial proceedings.

These burdens, easy on the government, hard on the property owner, often result in the seizure of property owned by one against whom the government cannot support a criminal charge.

An owner can only overcome this presumption by proving that he had no knowledge of the illicit activity or did not consent to that activity. That is, the owner is required to prove a negative.


http://www.aclu.org/drugpolicy/sentencing/10837leg19970611.html

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DavidDvorkin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 03:42 PM
Response to Original message
13. "Life, liberty, and property"
Jefferson's original wording in the Declaration of Independence, later changed to "Life, liberty, and the pursuit of happiness."
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bemildred Donating Member (1000+ posts) Send PM | Profile | Ignore Mon May-05-08 04:44 PM
Response to Original message
16. "Unreasonable search and seizure" just isn't what it used to be. nt
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