Today
I am outraged and dismayed. I have just read about
the Civil
Asset Forfeiture laws in America and how
corrupt they are. I want to share with you some
quotes from the legal organization www.fear.org
this notable group has helped to bring some reform
to the dysfunctional and corruption inducing laws
regarding civil asset forfeiture...read on....
Why do we FEAR asset forfeiture?
Incredible as it sounds, civil asset forfeiture
laws allow the government to seize property without
charging anyone with a crime. Until FEAR achieved
the nation's first major federal forfeiture
law reform at the turn of the millennium, the government
was allowed to keep whatever property it seized
without ever having to prove a case. Seized property
was presumed guilty and could be forfeited based
upon mere hearsay—even a tip supplied by by an informant
who stood to gain up to 25% of the forfeited assets.
Owners were forced into the untenable situation
of trying to prove a negative—that something never
happened, even though no proof of any illegal act
had been offered at trial
Newspapers and television stories across the nation
documented hundreds of cases of innocent citizens
wrongfully deprived of their homes, businesses and
livelihoods. Eighty percent of property forfeited
to the US during the previous decade was seized
from owners who were never even charged with a crime!
Over $7 billion has been forfeited to the federal
government since 1985. Until the advent of FEAR
law
enforcement officials promoting expanded
forfeiture laws comprised the overwhelming majority
of lobbyists at hearings on forfeiture litigation.
Meanwhile, prosecutors complained that police were
less available to investigate crimes that did not
involve forfeiture.
Over 200 federal forfeiture laws are attached to
non-drug related crimes. Even a false
statement on a loan application can trigger
forfeiture. Physicians are subject to forfeiture
of their entire assets based on a clerical
errors in Medicare billing. The government
even tried to forfeit a farmer's tractor for
allegedly running over an endangered rat.
In April, 2000, FEAR achieved the nation's first
major federal forfeiture law reform, the Civil Asset
Forfeiture Reform
Act of 2000 (CAFRA). The sponsor of the act,
Rep. Henry Hyde, thanked FEAR in the April 11, 2000,
congressional record "for their long and dedicated
work on behalf of forfeiture reform." Though
the final compromised version was stripped of many
of the reforms for which we lobbied, for the first
time since civil asset forfeiture laws were passed,
under CAFRA the government:
must prove its case;
is liable for damages to seized property;<>
must return property to owners pending trial when
possession would cause substantial hardship;
may no longer require an owner to pay 10% cost bond
just to contest the forfeiture in court;
can no longer forfeit property from owners who prove
their innocence; and
must appoint counsel to some indigent claimants.
Further changes are still urgently needed at both
federal and state levels. Many innocent owners still
face the untenable situation of having to prove
a negative—that their property was not involved
in a crime, or that they had no knowledge of criminal
activity. Most owners of seized property still lack
the financial resources to even bring their cases
to court. end quote
Go to www.fear.org to find out more about the corrupt
abuse of civil
asset forfeiture law. A people who have the
courage to stand for truth and justice will prevail.
We must be willing to fight for what is right in
our country and change what is wrong.
Soon my son will be leaving for Afghanistan.
He will work to defend my freedom to fight here
at home against the slow drift to tyranny that comes
about when the people are not vigilant!!
THE JOY LUCK CLUBCAFRACivil Asset Forfeiture Reform Act of 2000 Pub. L. 106–185 (2000)the Patriot Act has nullified the CAFRA laws.Michele L
Please See this news
on Biden, the man behind this law Please write your letters to the email addresses below U.S Attorney William Cowden william.cowden@usdoj.gov Florida Attorney General Phone Number 850.414.3827 Tallahassee Democrat gchelette@tallahassee.com WCTV news@wctv.tv Members letters Sent in below, Send yours to Me to Post Here |
FW: Civil Asset Forfeiture
From: michele l*******
Sent:
Sunday, August 24, 2008 9:10 PM
To:
'william.cowden@usdoj.gov'
Subject:
Civil
Asset Forfeiture
Dear Mr Cowden,
I write this email outraged and dismayed at the realization of the Asset Forfeiture Laws in this country. I am a member of AD Surf Daily and I believe this company is being unfairly treated by your agency. I am appalled after reading how corrupt the law is regarding civil asset forfeiture . No wonder they are going after ASD. You people get to keep 80% of the seized property and you don’t need to prove guilt? And is that not a recipe for greed and corruption in government?
I am aware of the Civil Asset Forfeiture Reform Act of 2000 and that it has some protection for US citizens against the abuse of these laws. I reprint below a summary of that law:
In April, 2000, FEAR http://fear.org/ achieved the nation's first major federal forfeiture law reform, the Civil Asset Forfeiture Reform Act of 2000 (CAFRA). The sponsor of the act, Rep. Henry Hyde, thanked FEAR in the April 11, 2000, congressional record "for their long and dedicated work on behalf of forfeiture reform." Though the final compromised version was stripped of many of the reforms for which we lobbied, for the first time since civil asset forfeiture laws were passed, under CAFRA the government:
must prove its case;
is liable for damages to seized property;<>
must return property to owners pending trial when possession would cause substantial hardship;
may no longer require an owner to pay 10% cost bond just to contest the forfeiture in court;
can no longer forfeit property from owners who prove their innocence;
and
must appoint counsel to some indigent claimants. !!!!!!!
Mr. Cowden I am committed to fighting this battle with and for ASD. I believe the public should be outraged by these actions by the government and I plan to help get the word out about this injustice by continuing to encourage the media and my elected officials to get involved. Fortunately because of the case over 100,000 people in America will now be informed about the dysfunction of these laws and collectively can work to bring about additional reforms.
I pray and trust that you are an honorable man and will obey the laws that are just and work to correct the laws that are unjust.
Michele L****
Mr. Cowden,
Evidently you did not read my original Email message or if you did, you
failed to understand what was in the message. I have no intention of
filing a claim against ASD Cash Generator or anyone else mentioned in the
original complaint. I was perfectly happy with the way things were handled
prior to your organization stepping in and illegally seizing my funds and
prepaid advertising.
I noticed your claim form is titled "Former Member Information Form", I am
not a former member I am a CURRENT MEMBER of ASD Cash Generator and will
remain so after these ridiculous charges are put to rest. I have also
supplied information concerning my status in ASD and success in advertising
to the ASD Site Attorney's. I assume it is one of the 3,000 plus messages
they mentioned in their filing. I do not appreciate your attempt to trick
me into filing against ASD when that is clearly not my intention.
When I was a young trooper with the 82nd ABN Division back in the sixties I
took an oath to protect and uphold the constitution of the United States, I
took that oath rather seriously. I believe you took a very similar type
oath when you accepted employment with the US Justice Department, I would
suggest you go back and read it. Your job is to protect the citizens of the
US, not illegally seize their money and close down functioning business
simply because you do not or will not try to understand the business model.
I still would like to believe this was a misunderstanding on your part
rather than outright confiscation of citizen funds, but it is getting harder
every day to understand your true motivation. I also believe that as an
attorney you took an oath to uphold the laws of the United States, possibly
you should review that oath as well.
In conclusion, I again respectfully request that you agree to the ASD
attorney's request to allow the courts decide whether or not this is a legal
or illegal program, release the funds under your control back to ASD and
support the concept of a mutually acceptable monitor be appointed to oversee
the entire operation while this thing is in litigation.
Thank You,
Evidently you did not read my original Email message or if you did, you
failed to understand what was in the message. I have no intention of
filing a claim against ASD Cash Generator or anyone else mentioned in the
original complaint. I was perfectly happy with the way things were handled
prior to your organization stepping in and illegally seizing my funds and
prepaid advertising.
I noticed your claim form is titled "Former Member Information Form", I am
not a former member I am a CURRENT MEMBER of ASD Cash Generator and will
remain so after these ridiculous charges are put to rest. I have also
supplied information concerning my status in ASD and success in advertising
to the ASD Site Attorney's. I assume it is one of the 3,000 plus messages
they mentioned in their filing. I do not appreciate your attempt to trick
me into filing against ASD when that is clearly not my intention.
When I was a young trooper with the 82nd ABN Division back in the sixties I
took an oath to protect and uphold the constitution of the United States, I
took that oath rather seriously. I believe you took a very similar type
oath when you accepted employment with the US Justice Department, I would
suggest you go back and read it. Your job is to protect the citizens of the
US, not illegally seize their money and close down functioning business
simply because you do not or will not try to understand the business model.
I still would like to believe this was a misunderstanding on your part
rather than outright confiscation of citizen funds, but it is getting harder
every day to understand your true motivation. I also believe that as an
attorney you took an oath to uphold the laws of the United States, possibly
you should review that oath as well.
In conclusion, I again respectfully request that you agree to the ASD
attorney's request to allow the courts decide whether or not this is a legal
or illegal program, release the funds under your control back to ASD and
support the concept of a mutually acceptable monitor be appointed to oversee
the entire operation while this thing is in litigation.
Thank You,