The Feds Just Expanded Civil Asset Forfeiture 'Laws' Nationwide
When you’re a government agency, asking for a tax increase is always a hassle. As Ryan McMaken notes, for the most part, taxpayers don’t like taxes, and if asked if they want to pay more, they’re likely to often say “no.” Moreover, when public officials pass tax increases, they may face the wrath of taxpayers at the ballot box. For this reason, governments are always looking for ways to get revenue without having to use tax revenue.
One such ‘hidden’ method of seizing wealth from the taxpayers is through what is now called “civil asset forfeiture.”
This occurs when a law enforcement agency seizes the assets – including real estate, cars, cash, and other valuables – from private citizens based merely on the suspicion that the person has committed a crime with the assets in question. No due process is necessary. No conviction in a court of law need occur. While it is technically possible to sue a government agency to reclaim one’s possessions, this requires immense amounts of time and legal fees to pursue. Needless to say, civil asset forfeiture has become a lucrative source of income for law enforcement agencies. And, over the past 30 years, the practice has become widespread.
As Martin Armstrong detailed, between 1989 and 2010, U.S. attorneys seized an estimated $12.6 billion in asset forfeiture cases. The growth rate during that time averaged +19.4% annually. In 2010 alone, the value of assets seized grew by +52.8% from 2009 and was six times greater than the total for 1989. Then by 2014, that number had ballooned to roughly $4.5 billion for the year, making this 35% of the entire number of assets collected from 1989 to 2010 in a single year. Now, according to the FBI, the total amount of goods stolen by criminals in 2014 burglary offenses suffered an estimated $3.9 billion in property losses.
This means that the police are now taking more assets than the criminals.
“Civil forfeiture laws represent one of the most serious assaults on private property rights in the nation today. Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets—all without so much as charging you with a crime. Unlike criminal forfeiture, where property is taken after its owner has been found guilty in a court of law, with civil forfeiture, owners need not be charged with or convicted of a crime to lose homes, cars, cash or other property. Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head. With civil forfeiture, your property is guilty until you prove it innocent.”
– “ Policing for Profit: The Abuse of Civil Asset Forfeiture,” Institute for Justice
In jolly old England, Robin Hood stole from the rich to give to the poor. But as John Whitehead noted, in modern-day America, greedy government goons steal from the innocent to give to the corrupt under court- and legislature-sanctioned schemes called civil asset forfeiture. This is how the American police state continues to get rich: by stealing from the citizenry.
At every turn, “we the people” are getting swindled, cheated, conned, robbed, raided, pickpocketed, mugged, deceived, defrauded, double-crossed and fleeced by governmental and corporate shareholders of the American police state out to make a profit at taxpayer expense.
President Trump has made it clear his loyalties lie with the police, Attorney General Jeff Sessions has previously declared his love for civil asset forfeiture, the Supreme Court keeps marching in lockstep with the police state, and the police unions don’t want their gravy train to go away, so there’s not much hope for federal reform anytime soon. As always, change will have to begin locally and move upwards.
Some state legislatures (Florida, Michigan, Nebraska, New Mexico, and Ohio) are beginning to push back against these clearly unconstitutional asset forfeiture schemes. As the National Review reports, “New Mexico now requires a criminal conviction before law enforcement can seize property, while police in Florida must prove “beyond reasonable doubt” that property is linked to a crime before it’s seized.”
And it is that pushback that has seemingly pushed the federal government to ‘fix’ the situation. As Reuters reports, the U.S. Justice Department announced on Wednesday that the federal government will reinstate a program that helps local and state law enforcement seize cash and other assets they suspect have been earned from crimes.
Local police will now be able to seize cash, often from those suspected of drug crimes, even in states that do not condone the policy.
Deputy Attorney General Rod Rosenstein told reporters that most seizures were warranted because the “vast majority” of people who have property taken by police do not contest it in court.
“This is going to enable us to work with local police and our prosecutors to ensure that when assets are lawfully seized they are not returned to criminals,” said Rosenstein at a media briefing at the Justice Department.
The Obama administration had rolled back the policy in 2015, saying it incentivized police to take money from people who had committed crimes.
Since former U.S. Attorney General Eric Holder weighed in on the issue in 2015, Justice Department agencies like the Drug Enforcement Administration has been barred from rewarding local police for taking possessions from people they stop.
Now, the federal government will again be able to return up to 80 percent of the assets seized to local law enforcement.
Rosenstein said the 2015 policy had a chilling effect on seizures by local law enforcement.
Many states have civil asset forfeiture laws that allow the state government to redistribute money seized for programs like education. But the federal program returns cash directly to the police department that took the asset, allowing them to buy new equipment or as drug sniffing dogs.
The Justice Department under President Donald Trump has made efforts to improve relationships with local and state law enforcement, which they viewed as damaged under the Obama administration. Rosenstein said that the president had heard from police who were concerned about the 2015 policy, but the administration was not acting to score political points with police unions that supported Trump’s campaign.
“This is not an effort to appease any particular constituency. It is an effort to empower law enforcement,” Rosenstein said.
The Police State’s tentacles just reached a little further into your ‘pocketbook’ as what has become known as “policing for profit,” goes nationwide.. by federal law!
DoJ’s Full new asset forfeiture policy letter below (confirming police can sezie proeprty from people not charged with crimes even in states where it is banned)…
As John Whitehead concluded so eloquently, remember, long before Americans charted their revolutionary course in pursuit of happiness, it was “life, liberty, and property” which constituted the golden triad of essential rights that the government was charged with respecting and protecting. To the colonists, smarting from mistreatment at the hands of the British crown, protecting their property from governmental abuse was just as critical as preserving their lives and liberties. As the colonists understood, if the government can arbitrarily take away your property, you have no true rights: you’re nothing more than a serf or a slave. The Fifth Amendment to the U.S. Constitution was born of this need to safeguard against any attempt by the government to unlawfully deprive a citizen of the right to life, liberty, or property, without due process of law. Little could our ancestral forebears have imagined that it would take less than three centuries of so-called “independence” to once again render us brow-beaten subjects in bondage to an overlord bent on depriving us of our most inalienable and fundamental rights. Yet if the government can arbitrarily freeze, seize or lay claim to your property (money, land or possessions) under government asset forfeiture schemes, you have no true rights.
Enough is enough.
We leave it to Liberty Blitzkrieg’s Mike Krieger to sum it all up…Washington D.C. has become a clear threat to hundreds of millions of Americans who just want to lead a decent lives for themselves and their families. The only policies coming out of that cesspool have made things far worse for the political and economic well-being of the vast majority of us. The time for us to take our constitutional powers back and reinstate self-government is long overdue.