Feds Punish Business Owner for Making Bank Deposits
May 1, 2012 by Jack Blood
Filed under Police State
D o w n s i z e r - D i s p a t c h |*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*|*| Quote of the Day: "Asset forfeiture is a mockery of the Bill of Rights. There is no presumption of innocence, no need to prove you guilty (or even charge you with a crime), no right to a jury trial, no right to confront your accuser, no right to a court-appointed attorney (even if the government has just stolen all your money), and no right to compensation for the property that's been taken." Harry Browne (1933-2006), Downsize DC co-founder <http://www.harrybrowne.org/articles/Crime.htm> I am angry. This letter (which you can copy and send to Congress, just like I did) explains why... <https://secure.downsizedc.org/etp/end-asset-forfeiture/> "Civil asset forfeiture" is the polite-sounding name for blatant government theft. It means the State takes property that it CLAIMS might have been used in a crime, even if the owners are never even charged with a crime. Forfeiture is a medieval practice of monarchical tyrants. It was reintroduced in America thanks to Alcohol Prohibition and then Drug Prohibition. (http://www.rfslawoffices.com/CivilForfeiture.pdf ) Among the victims of asset forfeiture are people whose only "crime" is carrying around large amounts of their own cash. (https://secure.downsizedc.org/etp/end-asset-forfeiture/ ) In a shocking new development, State thieves are even stealing money from people who deposit their money in banks! Vijaykuma Patel, owner of an Alabama convenience store, often made multiple bank deposits per day. The total daily deposits were usually in excess of $10,000, although the individual deposits were not. Banks are required by law to report to the feds when individuals make cash deposits of $10,000 or more; Patel's bank apparently failed to do so. Instead of blaming the bank, the feds declared Patel guilty of possible money laundering and confiscated $107,000 of his own money. Yet they wouldn't even charge Patel with a crime. This isn't a made up story! (http://forfeiturereform.com/2012/03/28/they-can-take-your-money-if-you-put-it-in-a-bank-too/ ) Therefore... * If we don't use a bank, we're a "criminal" * But if we DO use a bank, we're still a "criminal" Of course, we're not REALLY criminals. We're just treated as if we are. We lose our property without due process. Too bad, right? Such is the logic of civil asset forfeiture "law." This isn't law. It's blatant theft, cloaked in the pretense of crime control. And I think YOU don't care because otherwise, you'd put a stop to this immoral practice. Asset forfeiture is a disgrace in a free country and a stain on your personal record. It hasn't even worked in stopping crime or the trade in prohibited goods. Instead, it’s created a perverse profit motive in our "public servants." Men and women who've done nothing illegal have been victimized by the same government which (allegedly) is supposed to protect them. How much longer will you side with the aggressors? As one of the "innocent, until proven guilty by due process" crowd, I withdraw consent to be governed in this way. Your lack of concern for the American people will be the undoing of your power. END ASSET FORFEITURE NOW. END LETTER I sent this letter using DownsizeDC.org's End Asset Forfeiture campaign. <https://secure.downsizedc.org/etp/end-asset-forfeiture/> I invite you to send a letter to protest this evil practice as well. Remember, you may borrow from or copy the above letter, or better yet, write one of your own. And we encourage you to "like" us on Facebook and share this and other posts with your friends: http://www.facebook.com/downsizedc James Wilson Policy Research Director DownsizeDC.org, Inc.
Government Asset Forfeiture To Escalate If U.S. Senate Passes CISPA Legislation.
CISPA the Cyber Intelligence Sharing and Protection Act if signed into law will allow——the military and NSA warrant-less spying on Americans’ confidential electronic Communications; any transmitted private information circumventing the fourth amendment. CISPA will allow any self-protected cyber entity to share with the Feds any person’s private information that might allegedly relate to a cyber threat or crime. Considering the U.S. Government’s current business relationship with telephone and Internet companies, it should be expected the feds would use CISPA to gain unprecedented access to lawful Americans’ private electronic communications. Almost every week news media reports corrupt police arrested for selling drugs, taking bribes and perjury. It is foreseeable that broad provisions in CISPA that call for private businesses / cyber entities to share among themselves and with Spy Agencies confidential information will open the door for corrupt government and police to sell a corporations’ confidential information to its competitors, foreign government and others. CISPA provides insufficient safeguards to control disposition of (shared) confidential corporate / cyber entity information, including confidential information shared by spy agencies with private entities derived from spying on Americans.
The recent House Passed Cyber Security Bill overrides the Fourth Amendment. Government may use against Americans in Criminal, Civil and Administrative courts (any information) derived from CISPA warrant-less Internet spying.
CISPA will open the door for U.S. Government spy agencies such as NSA; the FBI; government asset forfeiture contractors, any private entity (to take out of context) any innocent—hastily written email, fax or phone call to allege a crime or violation was committed to cause a person’s arrest, assess fines and or civilly forfeit a business or property. There are more than 350 laws and violations that can subject property to government asset forfeiture. Government civil asset forfeiture requires only a civil preponderance of evidence for police to forfeit property, little more than hearsay.
CISPA (warrant-less electronic surveillance) will enable the U.S. Justice Department to bypass the Fourth Amendment, use information extracted from CISPA electronic surveillance) of Americans’ Web Server Records, Internet Activity, transmitted emails, faxes, and phone calls to issue subpoenas in hopes of finding evidence or to prosecute Citizens for any alleged crime or violation. If the current CISPA is signed into law it is problematic federal, state and local law enforcement agencies and private government contractors will want access to prior Bush II NSA and other government illegally obtained electronic records to secure evidence to arrest Americans; civilly forfeit their homes, businesses and other assets under Title 18USC and other laws. Of obvious concern, what happens to fair justice in America if police become dependent on “Asset Forfeiture” to help pay their salaries and budget operating costs?
Note: the passed “Civil Asset Forfeiture Reform Act of 2000” (effectively eliminated) the “five year statue of limitations” for Government Civil Asset Forfeiture of property: the statute now runs five years (from the date) police allege they “learned” an asset became subject to forfeiture. If CISPA takes affect, allows (no warrant) electronic government surveillance of Americans, it is expected CISPA will be used by government not only to thwart cyber threats, but to aggressively prosecute Americans and businesses for any alleged crime: U.S. Government spy and police agencies; quasi government contractors for profit, will relentlessly sift through Citizen and businesses’ (government retained Internet data), emails and phone communications) to discover possible crimes or civil violations.
A corrupt U.S. Government Administration too easily use CISPA no-warrant-seized emails, faxes, Internet data and phone call information) to target, blackmail and extort its political opposition; target any Citizen, corporation and others in the manner Hitler used his Nazi passed legislation that permitted no-warrant Nazi police searches and seizure of Citizens and businesses or to extort support for the Nazi fascist government. Hitler Nazi Laws made it possible for the Nazis to strong-arm German parliament to pass Hitler’s 1933 Discriminatory Decrees that suspended the Constitutional Freedoms of German Citizens. History shows how that turned out.
CISPA warrant-less electronic surveillance) has the potential of turning America into a Fascist Police State.