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the hard way when federal agents raided them and confiscated a small amount of marijuana worth, at most, a few hundred dollars. Criminally, this would have been treated as a youthful first trans- gression of a few teenagers. But under the seizure laws, the police took the fraternity houses themselves, which were worth about one million dollars. In Iowa, a woman accused (not convicted) of shoplifting a $25 sweater saw her $18,000 car (which had been specially equipped for her handicapped daughter) seized as the potential 'getaway vehicle’. In Portland, Oregon, the police raided a bar and arrested a bartender (not the owner) on suspicion of bookmaking. There was zero evi- dence pointing to the bar owner's involvement--the police docu- ments didn't even mention him. But the police seized his business anyway. The deputy district attorney in charge said she didn't have evidence to press criminal charges against the owner "so we seized the business." ASSET FORFEITURES: HOW THE GOVERNMENT the hard way when federal agents raided them and confiscated a PLUNDERS THE PEOPLE VIA SEIZURE LAWS small amount of marijuana worth, at most, a few hundred dollars. George Orwell's 1984 has arrived in the USSA. Just as in Nazi Criminally, this would have been treated as a youthful first trans- Germany in the 1930s and in Russia from 1917 to 1990, any gov- _8ression of a few teenagers. But under the seizure laws, the police emment agent or agency in America today can confiscate or seize —w houses themselves, which were worth about one ican and there is very little the d oo an Soe cit edt We are witnessing i death of In Iowa, a woman accused (not convicted) of shoplifting a $25 ights in America, h ights and all other freedoms | SWeater saw her $18,000 car (which had been specially equipped for a a, dag sin a ° her handicapped daughter) seized as the potential 'getaway vehicle’. In 1984, government seizures of so-called ‘illegal assets’ totalled In Portland, Oregon, the police raided a bar and arrested a bartender $30 million. In 1991, these seizures totalled $644 million (not __ (9t the owner) on suspicion of bookmaking. There was zero evi- including IRS levies) for a net increase of 2,047%. (Seizures in dence pointing to the bar owner's en docu- 1992 probably exceeded $750 million.) A total of $2.6 billion in ents didn't even mention him. But the police seized his business US citizens’ assets have been seized since 1985, the Government "yway. The deputy district attorney in charge said she didn't have Asset Forfeiture Office proudly boasts. Eighty percent of these °Vidence to press criminal charges against the owner "so we seized seizures never resulted in an arrest or conviction, indicating that the business.” most are being taken from innocent people. PROBABLE CAUSE According to USA Today, there are now 1,000 forfeitures per The government or police do not have to show any more Gn week in the US, or 52,000 per year. Assets seized in order of fre- ‘probable cause’ that a crime has been committed, the same standard quency are: 1) cash or other monetary instruments; 2) vehicles, which for centuries has been applied to search warrants. So the boats, planes; 3) bank and brokerage accounts; 4) real estate —_ police can now seize your home with no more evidence than it once (including your home); and 5) pension and profit-sharing plans. took to search it. Police or government seizures now pose a seemingly random, but ‘Probable cause’ can be when the police or government agency still, very real and terrifying, threat to everything we have worked _ ‘suspects’ racketeering (which is broadly defined, it can mean almost so hard to earn and save over the years. It is frightening to realise anything), drug possession, drug trafficking, money-laundering (See that if your teenage son or daughter hosts a party at your house, and —_— Section IIA above), robbery, murder, tax evasion, extortion, envi- one of the guests brings a few joints of marijuana, you can lose your —_ ronmental crimes, violation of the Trading with the Enemy Act, vio- entire house and everything in it under many local or state forfeiture —_Jation of the Emergency Economic Powers Act, gun control viola- laws. (Federal forfeiture laws will apply only if the substance is tions, and more than 100 suspected unlawful activities named in leg- present in saleable quantities.) islation. Asset forfeiture is an unconstitu- Some specific examples of ‘probable cause’ in the tional process (though considered current avalanche of government seizures: 1) a tip legal according to new socialist from a paid informant (with a finder's fee of 10-25% laws and regulations) which allows ears s¢ of the value of the seized property paid); 2) a tip the government or any police The police need no warrant from an airline ticket sales person or airport security agency ——— bh Li to seize your car, your cash, guard = e — fee ay 10-25% + the pect’ you of a crime not formal- value of the seized property); 3) any trace of any ly charge you), and then seize your your business, your house, controlled substance (i.e., drugs) on any person or property. In most instances there is your bank account, your property (zero tolerance is allowed); 4) any trace of no arrest, no trial and no conviction. es any controlled substance (i.e., drugs) on cash or You are presumed guilty until you investments, your other monetary instruments; 5) any specified unlaw- can prove yourself innocent. The ‘ ful activity in which probable cause indicates you plain fact is that the great majority retirement plan, or your are guilty (ie., firearms violations, unpaid speeding of people who have property seized personal property. tickets, etc.); 6) making an effort to avoid filling out from them by the police are inno- a cash reporting form at the bank; 7) innocently cent and law-abiding. One study doing business with a person that the government showed hat if 80% Of th SC/ZUC, 0T_—a—aOaa——€ believes you should have suspected of committing a the police never even filed charges against the victims of the crime. seizures, or, in some cases, filed charges and then dropped them. Bill and Karen Munnerlyn, recently profiled on 60 Minutes, are The police need no warrant to seize your car, your cash, your —_classic examples of (7) above. Bill Munnerlyn used to own a Las business, your house, your bank account, your investments, your _—_ Vegas air freight service. But on 19/3/89, Bill flew an old man and retirement plan, or your personal property, with no due process. _ four padlocked blue plastic boxes to a California airport. Unknown They don't even have to formally charge you with a crime. There to Bill, his passenger was a convicted cocaine trafficker, and the are hundreds of local, state and federal laws and thousands of regu- boxes contained nearly $3 million in cash from a drug deal. An lations on the books under which the government can seize your _ informant tipped off the DEA as to the nature of the cargo and pas- property. senger, and both the passenger and Bill were arrested upon arrival. Furthermore, as Financial Privacy Report (PO Box 1277, The jet, the blue boxes, and even $8,500 in cash Bill's passenger had Bamesville, MN 55337) says, there's no cap on the value of the _ paid for the flight were seized. seized assets. They can take expensive cars and homes for even the Bill was released three days later with no charges, but the DEA most minor ‘suspected’ violation. You might be under suspicion of _kept the plane, and the US Attorney prosecuting the seizure said it violating some statute for which the maximum penalty, if convicted was justifiable because the plane flew into the Los Angeles area, criminally in a court of law might be a $500 or $1,000 fine. But — which is "known as a centre of illegal drug activity" and that was under these laws, the police or government can seize your property _ sufficient ‘probable cause’ to seize the plane. In October '90, Bill worth 100 or even 1,000 times as much as the maximum fine, and —_took the government to court and won a jury trial. But the judge they don't need to convict you to do it. overturned the jury's verdict. Three fraternities on the University of Virginia campus found out Continued on page 62 PROBABLE CAUSE The government or police do not have to show any more hon ‘probable cause’ that a crime has been committed, the same standard which for centuries has been applied to search warrants. So the police can now seize your home with no more evidence than it once took to search it. ‘Probable cause’ can be when the police or government agency ‘suspects’ racketeering (which is broadly defined, it can mean almost anything), drug possession, drug trafficking, money-laundering (See Section IIA above), robbery, murder, tax evasion, extortion, envi- ronmental crimes, violation of the Trading with the Enemy Act, vio- lation of the Emergency Economic Powers Act, gun control viola- tions, and more than 100 suspected unlawful activities named in leg- islation. Vol 2, No 13 - 1993 22¢NEXUS Continued on page 62