This page has been archived and commenting is disabled.
Did "Stealing From Americans" Just Stop? AG Holder Moves To End Civil Asset Forfeiture
Since 2011, we have been warning of the rise of 'civil asset forfeiture' (here) with the 'stealing of American's hard-earned assets' having been on the rise signficantly in recent months; as the apparent final stage of empire begins. However, in an odd apparent success for "safeguarding civil liberties," Reuters reports that U.S. Attorney General Eric Holder said today that State and local police in the United States will no longer be able to use federal laws to justify seizing property without evidence of a crime.
As a reminder, Mike Krieger explains what civil asset forfeiture is...
In a nutshell, civil forfeiture is the practice of confiscating items from people, ranging from cash, cars, even homes based on no criminal conviction or charges, merely suspicion.
This practice first became widespread for use against pirates, as a way to take possession of contraband goods despite the fact that the ships’ owners in many cases were located thousands of miles away and couldn’t easily be prosecuted. As is often the case, what starts out reasonable becomes a gigantic organized crime ring of criminality, particularly in a society where the rule of law no longer exists for the “elite,” yet anything goes when it comes to pillaging the average citizen.
One of the major reasons these programs have become so abused is that the police departments themselves are able to keep much of the confiscated money. So they actually have a perverse incentive to steal. As might be expected, a program that is often touted as being effective against going after major drug kingpins, actually targets the poor and disenfranchised more than anything else.
While this epidemic of law enforcement theft is problematic throughout the country (see these egregious examples from Tennessee and Michigan), it appears Texas has a particularly keen love affair with the practice. Not only did last year’s story take place in Texas, today’s highlighted episode also takes place in the Lone Star State. This time in a town of 150 people called Estelline, which earns more than 89% of its gross revenues from traffic fines and forfeitures. In other words, from theft.
And so, today's news appears positive...
(As Reuters reports),
State and local police in the United States will no longer be able to use federal laws to justify seizing property without evidence of a crime, U.S. Attorney General Eric Holder said on Friday.
The practice of local police taking property, including cash and cars, from people that they stop, and of handing it over to federal authorities, became common during the country's war on drugs in the 1980s.
Holder cited "safeguarding civil liberties" as a reason for the change in policy.
The order directs federal agencies who have collected property during such seizures to withdraw their participation, except if the items collected could endanger the public, as in the case of firearms.
Holder said the ban was the first step in a comprehensive review the Justice Department has launched of the program.
* * *
Holder’s decision allows some limited exceptions, including illegal firearms, ammunition, explosives and property associated with child pornography, a small fraction of the total. This would eliminate virtually all cash and vehicle seizures made by local and state police from the program.
A Justice official, who spoke on the condition of anonymity in order to discuss the attorney general’s motivation, said Holder “also believes that the new policy will eliminate any possibility that the adoption process might unintentionally incentivize unnecessary stops and seizures.”
* * *
While it may be a little early to call the total end of 'civil asset forfeitures', it appears to have just become more difficult for American police forces to steal their citizens' cash and assets.
»
- 27966 reads
- Printer-friendly version
- Send to friend
- advertisements -
"The problem with bringing lawsuits (RICO etc) is you are not only having to do it in their territory (the courts) you will also be required to pay hundreds of thousands (or millions) to fund the lawsuits. Meanwhile they will take steps to sieze or neuter your assets and income earning ability so you won't be able to properly fund your case."
You are only looking at it as if the desire is to win. The desire is to gum up the system. If enough also do so, the their system will grind to a halt.
If all try to go through the door at once, the door doesn't function. If all line up and go through the door one-by-one, the door functions.
The prisoners in the Soviet gulags used to file complaints for the very same reason. The complaints themselves carried no weight, but they gummed up of the bureaucratic works.
The banksters need to repay us.
Corrupt judiciary is an ancient problem.
I consider Franz Kafka's 'The Trial' -of which Orson Welles captured the essence of most succinctly as cinema- is one quite justifyably famous example of a contemplation of the predicaments inherent in unjustand corrupt judicial systems.
https://www.youtube.com/watch?v=IlKEybkVl0M&spfreload=10
Here's my question: Why did the in-justice department let this highway robbery exist in the first place? If Holder knew about it (as he obviously did) isn't he complicit in the operation? How is the Fedgov proposing to make those ripped off by this "whole"?
Tenehah, Texas has an evil reputation for being a asset forfeiture trap as well.
From what I understatnd, the police chief at the time I was made aware of this practice is now working for Shell somewhere in Houston.
I may just have to find him and send someone to let him know that all is not forgiven.
If and when it happens to me, I will get as much info on every cop that even breathes on my paperwork as I can and save it for a later time and place.
Any cop that does this shit is no officer of the law.
Yep, go to their houses late at night and very politely let them know how you feel.
oh, good! there will be less cops on the street when the local .gov has trouble paying for and maintaining all the new toys they can no longer afford.
Holder's exact words...look you yokles...these are OUR pidgeons you leave the fleecing to US!
I thought Holder was already gone writing his book...
Or dead!
As a constitutional law researcher, I have a pretty good grip on the so called civil asset forfiture laws. Take for instance your cars. You know. Driving privileges. Would you believe the courts? The State says in affect,"I will allow you the privilege of using the public right of ways upon condition that you turn yourself and your property over to whatever regulations I (legislature) sets forth. And so the State invokes its police powers. Your vehicle by law must be titled which converts its legal status to a "motor vehicle". This statutory designation denoted "property" being used or employed upon the publics way in an extraordinary manner. The State, via its title statutes takes A CONTROLLING PROPERTY INTEREST in what is suppose to be your private property and therefore can SIEZE, connfiscate said property for violation of the terms of the grant. These siezures are ADMINISTRATIVE in nature and are usually NOT subject to judicial review.
And now the real argument. As set forth by the courts, roads, highways, rivers, ect belong to the PUBLIC and every individual has an INAILENABLE RIGHT to common use. Common use does not include using the publics ways (property) for private gain. AKA business/occupational uses that derive profit and gain. All set forth in clearly established case law throughout the US. And yet somehow the public has NO PROPERTY in its PROPERTY IN COMMON. Many of you have seen this and are perplexed.
The legal framework is simple. The State mandates by law a property interest for itself (under the guise/ false presumption of a privilege). Once the PROPERTY is under SUMMARY STAE CONTROL, it creates a Licensing statute. "NO PERSON shall operate a motor vehicle without a license. In law, UNLAWFUL control over another mans property is called CONVERSION. In reality, its out and out theft. The State then dictates HOW< WHERE< WHEN that property can be used and thus claims the power to sieze and sell, without judicial review, said property. In other words, the application for title constitutues a WAIVER.
You DO NOT own your car. You hold a mere property interest. If you doubt this, go ahead and try to sell it without title transfer and the payment of PRIVILEGE EXCISE TAXES. The State will negate the sale and sieze the property under its tax laws. You fucking criminal.
The same general legal framework is in place in regards to firearms. Via federal gun control acts, the only way to possess (not own) a firearm is via TRANSFER. See Batf forms. And get this straight. Manufacturers and dealers are engaged in a taxable business/occupational privilege that affects the health and saftey of the public. The second amendment has NO application to those so properly classified as engaging in said activity. The manufacturer and dealers are federally LICENCED. This is an operation of the federal taxing power. SUMMARY control of the property MOVING IN COMMERCE is reasonable in the eyes of the courts as it aids in THE COLLECTION OF THE EXCISE TAX. Serial numbers, tracking, summary control over the property and SUMMARY siezure of the same for NON PAYMENT of the tax or violation of paperwork/terms of control necessary for tax collection.
Now look to the federal guntrol acts. Stated intent, as the government knows id to AID THE STATE in police power regulation of the business. THE LAW then requires the PROPERTY to be RE TRANSFERED between the citizen and dealer under the EXACT SAME ADMINISTRATIVE POWERS AS IF BETWEEN MANUFACTURER AND DEALER.
Do you get it? In the eyes of the courts, Congress is using its PLENARY powers to regulate PROPERTY and it makes NO FUCKING DIFFERENCE WHO IS INVOLVED IN THE CHAIN OF TRANSFER. THE PROPERTY IS LOCKED IN COMMERCE AND CAN BE SUMMARILY SIEZED UNDER ADMINISTRAIVE LAW. Now does it make sense that the mere accusation of a crime can resuly in siezure of the property??? THE GOD DAMN COURTS HAVE BEEN REMOVED FROM THE PROPERTY AND THE CONSTITUTION AS THEY DO NOT DEAL WITH POLITICAL QUESTIONS.
Am I the only one that gets this?
It's called a social security number or "prison number" if you work on the inside.
Otherwise good information F em!
Great comment and info.
However, fuck their plundering statutes.
What you have so wonderfully written, and spelled out, was succinctly written about in the 19th. Century by Bastiat:
“Now, legal plunder can be committed in an infinite number of ways. Thus we have an infinite number of plans for organizing it: tariffs, protection, benefits, subsidies, encouragements, progressive taxation, public schools, guaranteed jobs, guaranteed profits, minimum wages, a right to relief, a right to the tools of labor, free credit, and so on, and so on.”
---
"This fact, combined with the fatal tendency that exists in the heart of man to satisfy his wants with the least possible effort, explains the almost universal perversion of the law. Thus it is easy to understand how law, instead of checking injustice, becomes the invincible weapon of injustice. It is easy to understand why the law is used by the legislator to destroy in varying degrees among the rest of the people, their personal independence by slavery, their liberty by oppression, and their property by plunder. This is done for the benefit of the person who makes the law, and in proportion to the power that he holds."
? Frédéric Bastiat, The Law
He also wrote:
"When, then, does plunder stop? It stops when it becomes more painful and more dangerous than labor."
We the People must bring pain and danger to their plunder so as to bring it to a stop.
The banksters need to repay us.
"State and local police in the United States will no longer be able to use federal laws to justify seizing property without evidence of a crime."
"Show me the man, and I'll show you the crime."
-- Lavrentiy Beria ("Unle Joe's" chief of NKVD)
DING, DING, DING!
Until police tactics are reigned in this is meaningless. Holder is buffing his "legacy" with hollow laws.
The Feds hate competition.
We are their property
There is no real collateral aside from human collateral.
A mortgaged property cannot pay it's own loan.
Only a person can actually generate income and pay a loan.
The only collateral that exists is human persons.
ALL legal and economic considerations are derived from this single fact...
ALL debt creation involves the de-facto securitization of a person.
Obviously they saw the court cases coming down the road knew they would lose them and in addition they realized the insurmountable PR problem.
So they are throwing you the bone. Be thankful for what you get you dogs.
I am planning for this event. I willl be there. Payback is a bitch. It is not about gettting rich quick but rather about honesty.
http://www.northwestcoinclub.com/NWCC_Money_Show.html
Im pretty sure they just admitted to being thieves, not that anybody cares.
So they can still steal guns and ammunition? I thought those were protected by both the 4th and 2nd amendment?
What's his angle? Obviously this has nothing to do with "justice" he is just paving the way for something more evil. I noticed he left firearms on the sieze me list. Perhaps this is his concern for the widespread looting that would occur when police are ordered to go door to door grabbing privately held firearms and ammunition. If the police are shown removing televisions, XBox's, gold, jewelry, and anything of value along with the firearms they are ordered to sieze that might be too much for boobus americus to ignore. Take my guns? Okay... take my Xbox? Shoot back! Baby steps... concentrate on the guns first then go back for the rest.
Basically all I can say is I'm stunned, this from the Country's most corrupt Attorney General (that's saying something with some of the shakey people that have held that position)!
This is 100% show and 0% substance. Come on, give me a break, you don't need to this conclusion. Just recall recent "decisions" by the US Supreme Court. Like perhaps the one where a cop sees a driver with his hands on the wheel at the 10-oclock and 2-oclock positions (where they're supposed to be), and the supreme creeps say that is sufficient evidence of a crime.
Plus, who says these state/county/local predators don't have their own laws to justify such predatory abuse and theft?
100% show, 0% substance.
Pure PR.
"Plus, who says these state/county/local predators don't have their own laws to justify such predatory abuse and theft?
100% show, 0% substance.
Pure PR. "
100% correct.
Nice to know they think our liberties hinge on the whimsy of an asshole.
"Holder cited 'safeguarding civil liberties' as a reason for the change in policy" - excellent reason, but how 'bout "stealing is wrong" as a reason also?
Every state has its own civil forfeiture laws. It will be interesting to see if this trickles down.
The state police must have been stealing the feds bounty
Wait. Where's the punchline?
so now all those people who have had to forfeit their property to the state because the state wants it will now be charged with a crime to legally justify the seizure. there will be a notable uptick in drivers assaulting police officers, resisting arrest and disorderly conduct.
The end must be truly nigh if they are comfortable giving up this revenue. Either that or the Feds just want it all for themselves. Or... they intend to nationalize all police.
Ignore what Holder says. What what they (the Feds) do.
As I read this reported elsewhere, Holder only said that the state and local cops did not have to forfeit any booty to the Feds anymore because all the states have civil asset forfeiture laws in place at the state level. Hence, the looting of the populace can continue, but the locals don't have to share the "vig" with the Feds, anymore.
I sure hope I am wrong!
I couldn't believe it when I heard that AG Holder was going to do something right ... I'm still trying to figure the angle ... Maybe it's that he is a short timer and he wants to make up for all the wrong he's done with one right
I just wish the FED would stop stealing my money
Good luck stealing my bitcoin private keys.
Obligatory xkcd
http://xkcd.com/538/
Have no reason to doubt what comes out of Eric's mouth. Shiiiittttttt
he's just trying to give us some donuts, maybe calm the beast a little. nothing more since cops are in the not so lime light currently. i dunno about where you all live but in my area there are now a plethora of "good cop" billboards strewn on just about every highway and byway. dont be fooled........
State and local cops no, only Feds like IRS
State and local cops no, only Feds like IRS
Local vs. Federal control.
Is there an election looming?
"U.S. Attorney General Eric Holder said today that State and local police in the United States will no longer be able to use *federal* laws to justify seizing property without evidence of a crime. "
Anyone that believes that the police are going to cease confiscating property to pad their pensions is a fool.
This is a tawdry political ploy.
Only the law cited as justification will change. That is all.
Holder is making a completely empty populist gesture on behalf of Obama and nothing more.
Notice that there will be NO Executive Prohibition by Obama against such practices which would stop this blatant rampant theivery.
State and local laws will henceforth be used by local police to justify seizing property without evidence of a crime.
"U.S. Attorney General Eric Holder said today that State and local police in the United States will no longer be able to use *federal* laws to justify seizing property without evidence of a crime. "
Really? Since when is the AG the CHIEF OF ALL POLICE?
Article makes no sense
So the AG is saying that the federal LEOs will no longer be seizing property unless it's stuff like weapons or illegal pornography.
Which means that the states and localities no longer have to share their seized loot with the Feds.
If they don't have to give the Feds a "cut" and so they get to keep 100%, isn't that giving state and locals more of an incentive to do even more of these illegal seizures?
Sentiment here is mostly "It just transfers the looting to local/state control", or "Holder's message is that only the feds get to do the looting", or "It's just PR, it changes nothing." You all are just not thinking.
"It just transfers the looting to local/state control." - Such highway robbery wasn't going on before the Justice Dept began its program, because the robbers had no incentive. They will have no incentive now either. Some states even have laws against it. Seeing how pissed off both the left and right are, no state politician is going to dare advocate for it. Also, when has Washington ever divested itself of a money-making program just to see the states reap all the benefits?
"Holder's message is that only the feds get to do the looting." - The feds aren't patrolling the highways (yet anyway).
"It's just PR, it changes nothing." - Very few issues in Washington unite the left and the right, so Congress gets away with making laws that piss off one side or the other, but not both. This issue united both sides, and Holder and Obama couldn't resist the pressure. It just shows why they always try to divide and conquer us, and what we can achieve if we just don't let them.