FBI Seizes Couple's Life-Savings Without Charging Them of Crime…

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  • Ingomike

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    That is being looked into
    Good article. After more reflection on this topic, I believe it is wrong to to call it civil forfeiture and use the civil court conviction standard if the basis for the forfeiture is criminal…
     

    BigRed

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    That is being looked into

    2019 decision in favor of theft:

     
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    Well, they don't exist in Civil cases. Theft though...interesting.
    If it's so civil, why is law enforcement involved? From the attachment below...

    State civil asset forfeiture laws permit police to seize personal property suspected of being connected to a crime, regardless of whether the owner has been charged with an offense.

    Property owners often must prove in court that their property was not connected to a crime, a difficult burden that can take months or years. The practice is deeply polarizing, with the Leadership Conference on Civil and Human Rights calling it legalized theft, while the Drug Enforcement Agency calls it an effective tool against drug crimes. This difference of opinion has worked its way onto this year’s Supreme Court docket.

    On April 17, the court agreed to review Culley v. Marshall, a consolidation of cases filed against Alabama by people whose property was seized in connection with a crime.


    There are dozens of cases where law enforcement will board commuter trains and "sniff out" money with tactics and questions that citizens aren't legally compelled to answer. Do you believe most citizens are going to tell government goons with badges **** off? I don't. Once money is discovered it's "suspected" of being related to a crime and confiscated. How can it be suspected of being related to crime when the goons didn't even know the money was present until they used their force coerce interaction? If it's related to a crime, charge them for the crime. No criminal charges? Then it's ****ing theft!
     

    Denny347

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    If it's so civil, why is law enforcement involved?
    It's civil law. LE is not enforcing civil law, only a Judge can do that.
    From the attachment below...

    State civil asset forfeiture laws permit police to seize personal property suspected of being connected to a crime, regardless of whether the owner has been charged with an offense.

    Property owners often must prove in court that their property was not connected to a crime, a difficult burden that can take months or years. The practice is deeply polarizing, with the Leadership Conference on Civil and Human Rights calling it legalized theft, while the Drug Enforcement Agency calls it an effective tool against drug crimes. This difference of opinion has worked its way onto this year’s Supreme Court docket.

    On April 17, the court agreed to review Culley v. Marshall, a consolidation of cases filed against Alabama by people whose property was seized in connection with a crime.


    There are dozens of cases where law enforcement will board commuter trains and "sniff out" money with tactics and questions that citizens aren't legally compelled to answer. Do you believe most citizens are going to tell government goons with badges **** off? I don't. Once money is discovered it's "suspected" of being related to a crime and confiscated. How can it be suspected of being related to crime when the goons didn't even know the money was present until they used their force coerce interaction? If it's related to a crime, charge them for the crime. No criminal charges? Then it's ****ing theft!
    I would say the same thing about victims of crimes. You don't get to sue the suspect in civil court, only confront them in criminal court. Criminal charges and a criminal judge can decide how you can be made whole if the suspect is found guilty. Tort reform should go deep. I actually have no dog in this fight. I won't lose a minute sleep if this went away. But I just like the hysterics.
     

    Sigblitz

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    The FBI and IRS took their play book from the mob. Good luck with that.

    If your money isn't earning interest, why put it in the custody of a business?
    Buy CD's, it's out of spendy hands and earning interest.
     

    Ingomike

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    The department should not get the money until all appeals are exhausted and if they lose the IRS interest levels should be paid plus attorneys fees. All this should come from department budgets. There needs to be risk for the department to deter frivolous seizures…
    As an additional point to this, there should be no seizures if there is no criminal conviction. Isn’t the seizure predicated on criminal activity?
     

    MinuteManMike

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    Here’s some interesting recent history
    from South Carolina, Judge Steven H. John ruled in October 2021 that SC’s forfeiture laws violated the US constitution.

    Two months later the judicial merit selection committee, ruled that this judge, who had served on the bench for 20 years, was suddenly unqualified. The 6 judges on the panel declined questions about what made him disqualified.

    The Deep State protects its own and squashes the dissidents.

    I still find it amazing that Trump ever got elected.
     

    Loco179

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    Easy answer to fix Indiana's problem. The law enforcement officers and the lawyer who approved it, should be personally charged for all fees and fines. If the seizure was illegal, they should be on the hook. Easy and simple answer. That why if they use it, there is such a high percentage it's legit.
     

    actaeon277

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    I would say the same thing about victims of crimes. You don't get to sue the suspect in civil court, only confront them in criminal court. Criminal charges and a criminal judge can decide how you can be made whole if the suspect is found guilty. Tort reform should go deep.
    :yesway:
     

    asevans

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    Give it a rest already.
    Why? Is my comment not true? Am I not allowed to comment? Can you comment?
    If you don’t like bitcoin then how about no comment. If you hold bitcoin in cold storage and secure your pass phrase then nobody can take your money.
     

    Quiet Observer

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    The FBI and IRS took their play book from the mob. Good luck with that.

    If your money isn't earning interest, why put it in the custody of a business?
    Buy CD's, it's out of spendy hands and earning interest.
    I wondered the same thing. Even the piddly interest in a conventional savings account would have been a little buffer against inflation. Storage building burns down; maybe your money burns too. Bank burns, money remains safe in the account or CD.

    When I bought my first house, I had to fill out a form explaining where I got the money for the down payment. I think that it had something to do with money laundering laws. Maybe there is more to their story?

    Still, it seems like the FBI is taking a time.
     

    foszoe

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    I'm thinking in terms of a "buffer" period. Kinda like, "Now just hold on a cotton pickin' minute there! WTF is going on here? Okay, we're gonna hit "pause" and see just what's what."

    I can think of several .gov agencies to which that would apply, can't you? ;)
    Like a 7 day waiting period?
     

    Ingomike

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    FBI getting rebuked here.

    The FBI violated people’s constitutional rights when it opened and “inventoried” the contents of hundreds of safe-deposit boxes during a raid on a Beverly Hills vault in 2021, a federal appellate court ruled Tuesday.”

    “The ruling by a three-judge panel of the U.S. 9th Circuit Court of Appeals reverses a lower court decision in favor of the FBI. The panel found that the agency’s cataloging of the contents of the privately rented boxes, without individual criminal warrants for each, violated the box holders’ 4th Amendment rights against unreasonable searches and seizures.”

    “The ruling requires federal officials to destroy any inventory records they have kept on hundreds of box holders who have otherwise been found faultless and had their physical property returned. Officials must also destroy records that have been included in a criminal law enforcement database called Sentinel
    .”


     

    jwamplerusa

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    FBI getting rebuked here.

    The FBI violated people’s constitutional rights when it opened and “inventoried” the contents of hundreds of safe-deposit boxes during a raid on a Beverly Hills vault in 2021, a federal appellate court ruled Tuesday.”

    “The ruling by a three-judge panel of the U.S. 9th Circuit Court of Appeals reverses a lower court decision in favor of the FBI. The panel found that the agency’s cataloging of the contents of the privately rented boxes, without individual criminal warrants for each, violated the box holders’ 4th Amendment rights against unreasonable searches and seizures.”

    “The ruling requires federal officials to destroy any inventory records they have kept on hundreds of box holders who have otherwise been found faultless and had their physical property returned. Officials must also destroy records that have been included in a criminal law enforcement database called Sentinel
    .”


    Far past time this happened. Civil forfeiture, absent an adjudicated order, is theft.
     

    smokingman

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    Wonder if they could have stolen their bitcoin? Don’t think so.
    If it is stored locally in a wallet they can,and have. Billions worth actually.
     

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