The Supreme Court today unanimously rules for Tyson Timbs, a small-time drug offender whose $42,000 Land Rover was seized by the state of Indiana as a civil forfeiture.
Donald Trump's longtime "fixer" and personal attorney has been sentenced to to 36 months (3 years) in federal prison, plus an additional 3 years of supervised release, in a case in the Southern District of New York.
ICE have become house-flippers, using the notorious and discredited "civil asset forfeiture" process to steal houses from people they say were involved in crime, then selling the houses to fund their operations, and more seizures of more houses.
Attorney General Jeff Sessions, having been thrown under the bus by Donald Trump, has clearly run out of fucks to give, and so now he's not only reviving the feel-good anti-drug program that convinced kids to take drugs, not only directing fed cops to arrest people who take weed in states where it's legal — he's also calling for more civil asset forfeiture, that being the polite name for the widespread, illegal practice of cops stealing your stuff and selling it off to fund off-the-books spending on surveillance gear and other goodies.
Banks have to report deposits of $10,000 or more to the IRS, so some fraudsters "structure" their transactions as a string of sub-$10K payments that escape the regulatory requirement. Structuring is also illegal, and the IRS has the power to seize funds that the agency believes were part of a structuring scheme, under the discredited "civil fofeiture" process through which an inanimate object is sued for being the proceeds of a crime, and then the owner of that object has to prove that the object is "innocent."
Civil asset forfeiture is the bizarre American practice of seizing peoples' property without charging its owner: instead the property is charged with being the ill-gotten gains of a crime, and if the owner doesn't pay their property's legal bills, the police get to keep or sell the property.
Civil asset forfeiture is a perfectly foreseeable outcome of the overbroad War on Drugs: it allows the cops to seize your belongings and charge them — not you! — with being the proceeds of a crime. Then it's up to you to figure out how to prove that your cash, car, house, or other belongings are innocent, otherwise the cops get to keep your stuff and use it to fund their operations.
California police departments' license to steal cash from innocent people has been restricted, thanks to a new bill signed into law by Governor Jerry Brown. Let's hope the federal government follows suit.
Since 1994, California state law has required a criminal conviction before real estate, vehicles, boats and cash under $25,000 could be forfeited to the government.
Crooked cops and prosecutors in Nebraska are gnashing their teeth today. The state has taken away their license to steal cash and property from innocent people and use the proceeds to fatten their bloated budgets.
In some states where civil forfeiture is still allowed, high ranking police officers drive in luxury sports cars taken from owners who were never arrested for a crime. — Read the rest
In America, your belongings can be confiscated by the police without warrant or evidence as proceeds of a crime, and then the government sues your possessions (not you), in lawsuits like "Township of East Bumblefuck vs $50,000 in $100 bills."
US police seized $4.5 billion through civil asset forfeiture (through which police can take money and valuables away from citizens without charging anyone with any crimes) in 2014; in the same period, the FBI estimates that burglars accounted for $3.9B in property losses. — Read the rest
The military surveillance devices known as "Dirtboxes" have been in secret operation for more than a decade, tracking citizens' locations and intercepting their calls, breaking the encryption on hundreds of calls at once.
"Yesterday, two landmark reforms took effect in Montana and New Mexico," says Nick Sibilla. "Both states now require a criminal conviction for civil forfeiture, while New Mexico went even further and banned the practice outright."
In a surprise move, the US Attorney General has ordered police departments to cease the practice of civil forfeiture (basically, stealing stuff and selling it) unless the forfeiture is related to a specific warrant or charge.
The DC force plans out how much stuff they'll steal from the public through the corrupt "asset forfeiture" program years in advance, almost as though they don't rely on crime to seize assets, but rather just arbitrarily grab stuff from people and sell it to pay their bills.
Many states have passed laws limiting how much of your stuff the police can steal when they accuse you of a crime, but the Department of Justice has the solution for local cops: they will "adopt" a local seizure, making it federal and exempting it from state-level corruption controls.
In "continuing education" seminars, cops are instructed to be on the lookout for people with nice stuff that can be easily resold, figure out a crime that those people might be guilty of, and tell the City Attorney so that that stuff can be grabbed through "civil forfeiture."