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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: civil forfeiture

Civil Forfeiture – clearing the drafts

12 Wednesday Dec 2018

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on Civil Forfeiture – clearing the drafts

Tags

civil forfeiture, evil, theft

***Note*** I’ve got a lot of drafts sitting around, some in existence and unpublished since 2013. It became obvious to me that I’m in no hurry to get around to them. But, they’ve survived various draft purges over the years. If they’re that important I can just come back and elaborate later. For now, I offer them, kind of as-is, in this, a lightning publishing round. The fun will continue while supplies last. Make of these what you will. Or not. I don’t care.

Follow up after Structuring. Or not, so it seems. You should know where I stand on this issue by now – theft, pure and simple. As an attorney, I used to work with a CA-based organization dedicated to defeating the practice. I’ve lost touch with them and with their linkage. But, I assume they’re still working hard for us. Use your Google, if you will.

Supreme Court Offers Glimmer of Eighth Amendment Hope

29 Thursday Nov 2018

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

civil forfeiture, Constitution, Eight Amendment, Eighth Amendment, Supreme Court, theft

Just the slightest glimmer. I’m not as excited as the author of this story about a wronged dope dealer:

The Supreme Court left little doubt Wednesday that it would rule that the Constitution’s ban on excessive fines applies to the states, an outcome that could help an Indiana man recover the $40,000 Land Rover police seized when they arrested him for selling about $400 worth of heroin.

A decision in favor of 37-year-old Tyson Timbs, of Marion, Indiana, also could buttress efforts to limit the confiscation by local law enforcement of property belonging to someone suspected of a crime. Police and prosecutors often keep the proceeds.

Timbs was on hand at the high court for arguments that were largely a one-sided affair in which the main question appeared to be how broadly the state would lose.

The court has formally held that most of the Bill of Rights applies to states as well as the federal government, but it has not done so on the Eighth Amendment’s excessive-fines ban.

Justice Neil Gorsuch was incredulous that Indiana Solicitor General Thomas Fisher was urging the justices to rule that states should not be held to the same standard.

“Here we are in 2018 still litigating incorporation of the Bill of Rights. Really? Come on, general,” Gorsuch said to Fisher, using the term for holding that constitutional provisions apply to the states.

Justice Stephen Breyer said under Fisher’s reading police could take the car of a driver caught going 5 mph (8 kph) above the speed limit.

“Anyone who speeds has to forfeit the Bugatti, Mercedes or special Ferrari, or even jalopy,” Breyer said.

Fisher agreed.

It was unclear whether the justices also would rule to give Timbs his Land Rover back or allow Indiana courts to decide that issue. Some justices seemed willing to take that additional step.

“If we look at these forfeitures that are occurring today … many of them are grossly disproportionate to the crimes being charged,” Justice Sonia Sotomayor said.

Yes, looking at all forfeitures occurring today, there is a huge problem. Thank you, wise Latina woman. ‘Cold Water’ Roberts was along with … cold water though, in a way, he might be right. But the problems are so many with these issues.

First, forget the anti-incorporation argument, libertarians. It’s as settled a matter as the fate of the nation. They will formally allow application of the 8th, through the 14th, to and against the States.

Second, as always, hard cases make bad law. No one likes a dope dealer. And there are 10,000 more noble poster children available. On the other hand, why is selling dope a crime (okay to be libertarian, here, still)?

Third, while the excessive fines per se or construed are an important issue in prosecuted criminal cases, the worse issue is the outright theft via “civil” forfeiture. They literally take your stuff – without even a solid accusation of wrongdoing – and keep it barring the jumping of many flaming hoops. The States, most of them, make a mint of this theft, the only criminal activity being committed by the government.

Fourth, it’s not just the States. Uncle Sucker is as guilty as any. Few raise any alarm and many (don’t let the door hit you, Sessions) rabidly defend the practice.

However the Court rules in Timbs, it will be some little good. Unfortunately, a lot of good is needed. We may never fully see it.

Take what you can get, freedom lovers. Take a hike, government thieves.

The ‘Civil’ Side of Robbery

23 Friday Mar 2018

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on The ‘Civil’ Side of Robbery

Tags

children, civil forfeiture, crime, Georgia, government theft, law, robbery, Satan, theft

A few years ago the combined governments of America surpassed all other thieves and robbers in terms of the value of items and cash stolen from people annually. I read that somewhere and believed it without citation. And this has nothing to do with the theft and slavery of taxation, regulation, and inflation. Factor those in and gubmint gives Satan a run for your money.

No, this particular stealing is known as “civil forfeiture” though there’s nothing civil about it. Under Imperial law and the statutes of the several States the police can just seize your money or other stuff and haul it away. If you don’t successfully complete a Draconian legal procedure – literally pushing a boulder uphill, with a string, on ice, under gunfire, etc. – they get to keep it. This keeps us safe from terrorists, monsters, dope dealers, and unicorns.

I dealt with a few of these types of cases back in the dark days. I actually won a few. Believe it or not, the Feds can be easier to work with that local enforcers of the Big Club’s decrees of “justice.” Most people don’t win. Most don’t even try to recover their lost goods. The odds are not in their favor.

In these bizarre appropriations no arrest is necessary. In fact, the police don’t even have to accuse one of a crime or even (officially) suspect one. They literally just take things and keep them. Because. This usually involves cash money but can include: houses, cars, boats, planes, furniture, clothes, jewelry, guns, debit cards, and just about any other physical items.

Should one get indignant and demand the return of said items, one has to file a pleading in the eventual civil action – brought by the government against the things seized. They actually style the cases like this: The Empire v. $3,472 in Federal Reserve Funny Money, CV-BS-666. Really. Most folks just let it go. A judge rubber stamps the theft at a civil calendar call and that’s that. And it can be better to let it go.

The procedure for recovery places one in the near-impossible position of proving a negative – say, proving that the cash was not used in or gained through a drug deal. And they look to trip people into committing perjury or admissions of “real” crimes.

Sometimes a few folks win their own stuff back. Sometimes it’s as easy as writing a letter. Some small children in Georgia did just that: they got their piggy bank back from the man:

Kenneth Woods Jr. and his little sister saved all their money in their piggy banks, the same ones narcotics agents emptied during the execution of a search warrant last fall.

“I’m asking can we have our money we save(d) up back. We didn’t do anything wrong,” the then 10-year-old wrote in answer to a civil forfeiture action filed in Richmond County Superior Court.

A hearing scheduled Thursday ended before it could begin. When Assistant District Attorney Mark Shaefer read the boy’s reply, he agreed immediately to give the $420 back, said attorney Jason Hasty who volunteered to help the children and their grandmother, Corene Woods, after she told him about the piggy banks.

Grandmother wasn’t so lucky, losing her vehicles. At least she wasn’t SWATTED over the Devil’s Lettuce, scourge of civilization. And let’s give ADA Shaefer the Civil Servant of the Day Award! Thank you, sir, for having a conscience. That, and common sense and human decency, seems lacking elsewhere.

Yes, this is the law of the land. The government, gaining Billion$ in free loot, loves it. The Alabama Elf, for instance, is all over the concept, looking to expand it far and wide. He’s not alone. This is one of those things you’d know about, care about, maybe even get angry about, if you’d turn off the G-D television and wake up for once.

There are a few comments after the linked story, all sympathetic. Maybe it’s the child victim thing that got them. At least they’re aware now. They use words like “due process,” “leeches,” and “just wrong.” When leeches run the system, due process is just wrong.

‘Merica.

nimbus-image-1521824245766

Ill gotten.

UnCivil Forfeiture: The Highwaymen Ride Again

08 Thursday Dec 2016

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on UnCivil Forfeiture: The Highwaymen Ride Again

Tags

civil forfeiture, government, money, police, theft

Do not EVER consent to a search by the highwaymen police. I’ve written about this evil before. Today Mark Nestmann further explores the uncivil nature of “civil” forfeiture in the United States:

But it’s not just state and local governments that are getting in on all the fun. Federal law has authorized civil forfeiture since the dawn of the Republic more than two centuries ago. And it’s become quite profitable. The Department of Justice alone seized more than $4.5 billion in 2014. It’s just one of many federal agencies with the authority to confiscate property under federal civil forfeiture laws.

That should come as no surprise. In 1989, the Supreme Court actually ruled the federal government has a legitimate financial interest to maximize forfeiture revenues. Since then, federal agencies have developed highly sophisticated techniques to do just that.

Take the Drug Enforcement Administration (DEA), for instance. Earlier this year, an investigation revealed that the DEA routinely carries out “data mining” of Americans’ travel information to build profiles of individuals who might be carrying large sums of cash. Using a nationwide network of travel industry informants, the DEA gives special attention to individuals who meet secret “drug courier” profiles, such as buying one-way tickets or purchasing their tickets with cash. Amtrak and airline employees who pass information on to the DEA are eligible for generous commissions if the tip leads to a seizure.

Over the last decade, the agency has seized at least $209 million in cash from 5,200 passengers. In the vast majority of cases, the passengers weren’t arrested; they were given a receipt for the seized cash and sent on their way. For instance, of 1,600 DEA forfeitures in Los Angeles in the last 10 years, only one was in connection with a criminal investigation.

Are you outraged? You should be – and it’s probably about to get worse. President-elect Donald Trump has proposed a “Restoring Community Safety Act” that he claims will reduce “surging” crime in America’s cities. But the fact is that violent crime nationwide has actually been falling for the last 25 years. Given the love affair police at all levels of government have for civil forfeiture, it’s inconceivable that a Trump anti-crime bill won’t further unleash the forfeiture squads in America.

assetforfeiture

Common Sense.

Law and disorder in Amerika. Beware.

 

 

Can I Call ‘Em Or What?

10 Friday Jun 2016

Posted by perrinlovett in News and Notes

≈ 1 Comment

Tags

civil forfeiture, Lew Rockwell, perrinlovett.me, Puerto Rico, trends

I write a good bit here on a vast array of topics – usually centered on the evils of government or cigars (sometimes the evil of government as it affects cigars). Two of my stories from the past month have been seconded (not repeated or copied) by other sources. I like to think I’m a trend-setter.

May 24, 2016 I posted Paul Ryan Rescues Banksters, Globalists about Paul Ryan’s dastardly plans to force you (all of you) to pay Puerto Rico’s debts – all on behalf of the banksters of the world.

I said then:

The bailout will happen; consider it a done deal. Really $2 Billion or the whole $70 Billion is but a barely noticeable drop in the fed’s ocean of economic woe. Things like this add up though. When the whole system comes crashing down don’t count on the banksters to be found let alone lend a hand. They’re gathering the last of the cash (yours and mine) and preparing to flee. However, come hell or high water, the politicians will be easier to find. They’ll still expect to be re-elected. Remember this story and all the others. Hold them accountable or rinse and repeat with similar results.

U.S. Rep. Dave Brat (R-VA), who actually has a Ph.D. in economics, has caught on to the theft and deception:

“This makes the bill truly Orwellian — it remove[d] the consent of the Puerto Rican people and creates a fiefdom for unelected officials chosen by President Obama.

“As economist Thomas Sowell said, ‘The fatal attraction of government is that it allows busybodies to impose decisions on others without paying any price themselves.’ Congress can’t even get its own fiscal house in order, but [passed] a bill to solve Puerto Rico’s problems.

“This bill should [have been] subject to ratification by the Puerto Rican legislature or a vote from the Puerto Rican people. As it stands, I [opposed] PROMESA because it turns free citizens into subjects.”

He’s only talking about the loss of autonomy of the people of Puerto Rico; the rest of the American people will be losing their money. Pay up, subjects.

Yesterday, after reading an alarming story from Facebook and verifying it I blasted out The Modern Highwaymen. It’s about police theft of your money via civil forfeiture:

The pigs have a clever trick to rob you called “civil asset forfeiture”. There’s nothing civil about it; they just seize your property (usually cash) and, if you want it back, you have to jump through burdensome legal hoops. Most victims don’t bother. I’d say 90%+ of the cash stolen is forfeited to the criminal state – I’ve watched in court before (case after case of The State vs. $943.72 and so on). The same police who absolutely will not lift a finger to help violent crime victims are more than wiling to steal your cash.

Today Martin Armstrong (via LewRockwell.com) agrees:

This is simply nullifying the Constitution. You have absolutely ZERO rights. He can rob you of everything and leave you with not even enough money for gas. The police have become the criminals. This is precisely how Rome fell. When they could not pay the army, they began sacking their own cities. This is exactly what the police are doing now and there is nobody to defend us against this new criminal organization.

Just stay out of Oklahoma at all costs. If other states follow, you better migrate to another country and fast. Look for a country not based on common law (English countries). This will destroy the freedom to travel for broke police have become highway criminals with guns.

I would love to post articles to LRW. I may have to contact their editor – Lew himself I presume.

The Modern Highwaymen

09 Thursday Jun 2016

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

America, civil forfeiture, crime, freedom, government, police, theft

I was a highwayman
Along the coach roads I did ride
With sword and pistol by my side
Many a young maid lost her baubles to my trade
Many a soldier shed his lifeblood on my blade
The bastards hung me in the spring of twenty-five
But I am still alive…

  • Highwayman, Jimmy Webb, popularized by the Highwaymen.

Highwayman: noun, plural highwaymen.
1. (formerly) a holdup man, especially one on horseback, who robbed travelers along a public road. (Dictionary.com)

It’s not “formerly”. Highwaymen still roam the roads of America looking to relieve people of their property. Some are known as the police, others as the Highway Patrol.

The pigs have a clever trick to rob you called “civil asset forfeiture”. There’s nothing civil about it; they just seize your property (usually cash) and, if you want it back, you have to jump through burdensome legal hoops. Most victims don’t bother. I’d say 90%+ of the cash stolen is forfeited to the criminal state – I’ve watched in court before (case after case of The State vs. $943.72 and so on). The same police who absolutely will not lift a finger to help violent crime victims are more than wiling to steal your cash.

Silverdoctors.com.

Now it’s not just cash at risk. The Oklahoma Highway Patrol is now using a card reader to steal money straight from bank accounts and credit/debit cards.

“We’re gonna look for different factors in the way that you’re acting,” Oklahoma Highway Patrol Lt. John Vincent said. “We’re gonna look for if there’s a difference in your story. If there’s someway that we can prove that you’re falsifying information to us about your business.”

Troopers insist this isn’t just about seizing cash.

“I know that a lot of people are just going to focus on the seizing money. That’s a very small thing that’ s happening now. The largest part that we have found … the biggest benefit has been the identity theft,” Vincent said.

“If you can prove can prove that you have a legitimate reason to have that money it will be given back to you. And we’ve done that in the past,” Vincent said about any money seized.

State Sen. Kyle Loveless, R-Oklahoma City, said that removes due process and the belief that a suspect is presumed innocent until proven guilty. He said we’ve already seen cases in Oklahoma where police are abusing the system.

Hats off to Sen. Loveless (you know the cops don’t love him) but the problem isn’t abuse of the system, it’s that the system itself is abusive. This system has to go. What’s the proper remedy? The old song tells us exactly. We need not wait until the spring of twenty-five to hang ’em – now would be a good time.

It’s Your Money, They Want It Now

04 Wednesday Mar 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

banking, civil forfeiture, Congress, Constitution, Courts, crime, executive order, government, immigration, IRS, jail, law, Lincoln, money, Obama, robbers, Structuring, Supreme Court, taxes, theft

If you are unfortunate enough to view television these days undoubtedly you have seen a J.G. Wentworth commercial. They feature a variety of folks (opera singers, bus drivers, etc.) singing about the virtues of cashing in on structured settlements.   They’re kind of catchy.

timthumb

(Your money’s in the bank – go to jail noooow!  Google Images.)

The federal gubmint has a similar scheme to cash in on your settlements.  They call it “structuring” too!  I wrote about the program several years ago.  It is illegal to split cash deposits (your money mind you) so as to evade the banks’ legally mandated cash reporting process.  Why the government needs to know how much money you deposit or that you deposit it, period, is beyond me.  Something about fighting drugs and terrorists.  Or was it drugged terrorists?  Anyway, it’s all codified in 31 U.S.C. 5324.

Why split up the deposits?  Beats me.  That’s your business – or it should be.  These days everything necessarily has to involve the government.  Here are two examples of otherwise innocent splitting now criminalized by our kind friends in Washington:

“2. Jane needs $18,000 in cash to pay for supplies for her wood-carving business. Jane cashes a $9,000 personal check at a financial institution on a Monday, then cashes another $9,000 personal check at the financial institution the following day. Jane cashed the checks separately and structured the transactions in an attempt to evade the CTR reporting requirement.”  CTR Pamphlet, www.fincen.gov.

“3. A married couple, John and Jane, sell a vehicle for $15,000 in cash. To evade the CTR reporting requirement, John and Jane structure their transactions using different accounts. John deposits $8,000 of that money into his and Jane’s joint account in the morning. Later that day, Jane deposits $1,500 into the joint account, and then $5,500 into her sister’s account, which is later transferred to John and Jane’s joint account.” CTR Pamphlet,www.fincen.gov.

Plain as can be.  Jane and John are hardened criminals and need to spend time in jail. They will.  Or, at least they will get probation and “forfeit” their money to the feds.  So will Janet Malone of Dubuque, Iowa.  Janet’s husband died and left her with the cash rewards of his gambling hobby.  Janet decided the money would be better off in a bank rather than scattered around her house.  She deposited some of it in a fashion which seemed reasonable to her.  The IRS, always knowing better, objected.

With all the courtesy of starving termites they seized her money and have charged her with criminal structuring.  She will probably enter some sort of guilty plea.  Most people do.  The IRS will likely keep her cash under civil forfeiture laws.  There’s really nothing civil about it.  Between 2005 and 2012 the IRS so seized about a quarter of a billion dollars in this fashion.  It gave some of it back.  Some.  This is the same agency that now pays tax refunds to criminal illegal aliens who never paid taxes in the first place. Something smells on the Potomac.

Congress is incensed by this blatant theft from the people.  They could just repeal the law or, better, abolish the IRS completely.  They won’t.  Instead they have convened a committee!  It’s focus will center on stopping IRS abuse of small businesses.  As an aside they may also examine the effects of Rearden Metal exposure on unicorns.

Know this: the government wants what you have.  And, they’ll get it.  They don’t even need a law to justify their thievery.  The White house wants to raise taxes by executive decree.  Abe Lincoln did this during the war between the States.  The Supreme Court belatedly found this unconstitutional.  Don’t hold your breath this time.

Do not look to Congress for any help.   Remember the illegals?  His Excellency, President Obama, has been using his pen to flout immigration laws.  The brave Republican “opposition” collapsed faster than a jellyfish beneath a steam roller.  This is the way it is.

As is, either keep your money to yourself or comply with the ridiculous law whilst banking.  Otherwise, you’ll end up a poor inmate somewhere.  It’s kind of like the old highwayman’s motto: “your money or your life.”  Except these robbers write the law.  Now you know.

Perrin Lovett

From Green Altar Books, an imprint of Shotwell Publishing

From Green Altar Books, an imprint of Shotwell Publishing

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