US Marshalls proposed asset forfeiture surpasses even the Nazis

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Whether the US gets the teeth or Bubba the cell-mate gets 'em. Just a matter of time, not principle.

All these chins quivering in righteous indignation...

Buddy

Did you notice the part about asset forfeiture occurring WITHOUT a conviction for a crime?

The police SUSPECT person A of something. Instead of prosecuting the person, they file charges against the person's gold teeth and attempt to have them removed, WITHOUT a trial or a conviction--just "I suspect you of crime X, hence I sentence you to have your gold teeth removed and sold, and the proceeds deposited into my pocket." That's not how the system is supposed to work.

If these guys lawyer wasn't on the ball, they would have been sentenced to quite a bit of pain and demonstrable physical harm, without a trial...
 
You know, the forfeiture laws actually require the State to prove that the money used to purchase the items was the direct proceeds of illegal activity.
No, I didn't know that. When you use the words "prove" and "illegal activity" together in that way, it implies a level of proof which would be acceptable in a criminal trial. That would mean, proof beyond a reasonable doubt.

And yet, this Miami Law Review article says that the Civil Asset Forfeiture Reform Act of 2000 shifted the burden, so that owners no longer had to prove their innocence to reclaim seized property, but the government has to show by a preponderance of the evidence that the property was illegally obtained or was tainted. That's a long way of saying "probably" it was illegal. Some "proof."

If the police are dependent on forfeitures as a funding source, is that a wise incentive program? The clear incentive is to go after the criminal with the most loot which can be seized, but is that always the most dangerous criminal, or the best use of resources?
 
The clear incentive is to go after the criminal with the most loot which can be seized, but is that always the most dangerous criminal, or the best use of resources?

Hell, is it even an actual criminal?
 
Society for the Prevention of Cruelty to Drug Dealers

As a graduate of the UM Law School, maybe I can shed some light on this non-issue. Would it surprise any of you that the University of Miami has as much trouble filling up their magazine (oops, Law Review) as any other publication does? The article cited is an argument for limiting property seizure so that its application would be strictly available only as a post-conviction remedy. This idea is dead on arrival; the author may know how to cite dicta, but he doesn't know nothin' about drug dealers and other assorted federal felons. A criminal doesn't keep very much of his profits in a coffee can under the bed. If a pre-emptive seizure isn't made, then there will be nothing left three years later when he is convicted.

If my memory serves me correctly, the concept of seizure was put into gear when the US got tired of prosecuting people who seemed to have unlimited amounts of dough to pay defense attorneys. I remember when most of the criminal defense attorneys suddenly became family law attorneys because of the glut of penniless drug dealers. Very sad period of time in the history of the Dade County bar.

I have represented what are known as "innocent owners" who have been adversely affected by seizure actions. As you can probably imagine, these issues were (I no longer hang out in Coral Gables/Miami) fairly common to many law practices and I can't think of a single instance where the AUSA was overbearing or dictatorial. To the contrary, they were both fair and speedy in their resolution of my clients' problems. Suffice to say that not all "owners" can claim "innocence."

Seizures can bring about some pretty interesting situations. I had a close friend who practiced only criminal defense law who took a case about 15 years ago representing a Mexican national (no offense) who was boarding a flight to Mexico City with a straw bag containing $800,000 in US currency. The guy was in a T-shirt, blue jeans and flip-flops, so he was detained pending an explanation of his obvious good fortune. The DEA knew the guy was a money courier and that the funds were going to Mexico City as a payment to some drug executive. My good friend was appointed to defend the money. Case was US v. 800,000 Dollars. My buddy put up a pretty good defense and he won the release of the money. The Mexican had long since disappeared and couldn't be found. The judge was quite irritated and released the money to my attorney friend. He left it and walked away rather than have the Mexican drug executive show up and reclaim it some night. When he got back to Miami, I took him out for some beers to help him over his animosity toward judges.

Faith in the US governmental system is the same as faith in any other concept. You either have it or you don't. Does the seizure procedure need to be fine tuned? That can be accomodated by legislation. Beware, though-the Democratic Party likes revenue in all forms, and criminal seizures grew exponentially during Clinton's eight years...

The issue of an appropriate response to drug dealers remains unsettled in my mind (even though seizures seem to have gotten their attention). I can never decide whether the issue needs to be resolved by .308 or 30-06...

My respects to CAS700850.

Buddy
 
If everything was going so well back when civil evidence standards started being used to punish drug crimes, why was there any support at all for the CAFRA of 2000?

Possibly because not everyone was as lucky as your clients, Buddy. I became interested in this issue when a friend's boats were seized. To shorten a long story, he gave an acquaintance from Bimini a ride across, and the guy split when he learned Customs/Immigration were coming to check him out. It took months and was very expensive to get his boats back (one was in tow behind the "culprit" boat).

The unfairness of it struck me, because there was no way any prosecutor could ever convict my friend of anything, and they never tried. They just took his boats.

The stories from that era are often much worse, and James Bovard has collected quite a few here.
 
Thank you Publius for posting the James Bovard link. Eye-opening and disturbing reading.
 
Case was US v. 800,000 Dollars.


So, what were the charges against the money?

The issue of an appropriate response to drug dealers remains unsettled in my mind (even though seizures seem to have gotten their attention).

It sure got my attention, but what do you mean by saying it got drug dealers' attention? How, exactly, and with what effect?
 
So, what were the charges against the money?

And while I'm at it, what was the money's defense?

Because just from the sound of things, the charges would be "being an unexplained amount of money in the possession of a poorly dressed Mexican" and the defense would simply be "that's not a crime."
 
Hmmm... what if a sick drug dealer used their "blood money" to purchase a liver-transplant?

Would the State be justified in taking the liver? After all, it was bought with money acquired through illegal means.

Where do we draw the line? Shouldn't we just put them away for life (even with their gold teeth) for full terms (rather than early release)?

Some criminals have made illegal activity their single source of income. Their very life depended on illegal money. No food, no life. Should the State own their bodies? Can we seize their bodies, as opposed to just their freedom? Harvest organs for those law-abiding citizens with needs.

Perhaps the scientific community can put death-row inmates to better use? They can use their soon-to-die bodies to experiment with new medications that will better society. We can test new high-tech weaponry on them, this would lead to more effective weapons which would lead to countless GI's lives being saved. Think about it. No more ballistics gel - use the real thing! Fackler can shoot inmates, then MRI the "wound channels"...end our .223 vs. 7.62x39mm and 9mm vs. 45acp debates forever!


Do you see where we are headed? This is what the Nazis did. If you can't understand that, then there really is no more discussion to be had on the subject.
 
The Money's Defense

I don't know, Publius, I never asked him. I've never had an interest in criminal tactics and strategy, so those issues would have been secondary to my interest in my friend's state of mind. He became progressively alcoholic and passed on several years ago, so he's not available to me any more. He was always good for an interesting story. I have rounded off the dollar amount of the style of the case because I don't remember the exact amount.

Buddy
 
Criminal tactics and strategy should have little to do with a civil proceeding against property. If it were a criminal case, we'd be talking about a defendant and proof beyond a reasonable doubt, but this is a civil case you brought up, and there is no human defendant, and the standard of proof which applies is lower.
 
Except that there would be no such "civil" case without an alleged crime.

What do you call a crime no one wants to bother to prove?

A civil matter.
 
People are hung up on about 4-5 different red herrings. Like the status of the teeth - are they removeable or permanent? That the person is a drug-dealer, although never convicted as one. And a few other things things like complaining about the label of "nazi" and whether or not it is appropriate. They also justify the tyrannical Nazi-style acts of the State based soley on the low character of the accused.

I think that a lot of Americans are very uncomfortable with confronting the issue here. That the State actually possesses such motives and desires.


For those of you with reading comprehension issues, let me assist:

Talk about taking a bite out of crime — government lawyers are trying to remove the gold-capped teeth known as "grills" or "grillz" from the mouths of two men facing drug charges.

For starters, we are not calling the cops "nazis"..but instead the State (not as in State like FL, but as in government). The government lawyers are the representatives of the State. They want the teeth.

"I've been doing this for over 30 years and I have never heard of anything like this," said Richard J. Troberman, a forfeiture specialist and past president of the Washington Association of Criminal Defense Lawyers. "It sounds like Nazi Germany when they were removing the gold teeth from the bodies, but at least then they waited until they were dead."

This is the guy that called it Nazi-like. He is a lawyer, with 30 years experience and is appauled by this move. We echoed his ideas.

According to documents and lawyers involved in the case in U.S. District Court, Flenard T. Neal Jr. and Donald Jamar Lewis, charged with several drug and weapon violations,

Charged, NOT convicted. Big difference.

were taken on Tuesday from the Federal Detention Center to the U.S. marshal's office, where they were told the government had a warrant to seize the grills.

The government wants the grills. They issued a warrant for them. They do not care (at this point in time) whether or not they are permanent or removeable. That is irrelevent, the key here is the movtivation and desire of the State. To seize parts of one's body.

Before being put into a vehicle to be taken to a dentist in Seattle,

If they were removeable, you'd think they'd just yank them in the detention facility. It seems to me that they figured out that they were not, so they needed a dentist to remove them. That is how DETERMINED they were to get the grills.

they called their lawyers, who were able to halt the seizure, said Miriam Schwartz, Neal's public defender. A permanent stay of the seizure order was signed Tuesday by U.S. Magistrate J. Kelley Arnold, court documents show.

Miracle. I guess the entire system isn't tyrannical just yet. I think this is more of "getting caught with fingers in the cookie jar" ...Being that the representatives of the State wanted to seize the teeth, and that a Judge issued a warrant to do it. That again shows that their motive was clear. Only after a stink was made about it by the defense attorney did they reverse themselves.

Grills, popularized by rappers such as Nelly, are customized tooth caps made of precious metals and jewels which can cost thousands of dollars for a full set. Some can be snapped onto the teeth like an orthodontic retainer, and others are permanently bonded to the teeth.

Neal and Lewis have permanently bonded grills, their lawyers said, declining to provide more description.

This doesn't matter.

Government lawyers who asked a federal judge on March 29 to order confiscation of the grills said they did not know the caps had been bonded to the drug defendants' teeth.

"Asset forfeiture is a fairly routine procedure, and our attorneys were under the impression that these snapped out like a retainer," said Emily Langlie, a spokeswoman for the U.S. attorney's office in Seattle.

Really? then why were they off to the Dentist's office? Removable one's should be easily taken care of during the body-cavity seach prior to incarceration.

Once the government understood that removal of the grills could damage the defendants' teeth, they abandoned the seizure attempt, she said.

Oh yeah right. If it were a retainer, it wouldn't cause damage being that they'd be easily removable. Otherwise it is permanent, so much so, a denist was set up to remove them.

Are they going to have us believe that the same Nazi-thugs who want to seize teeth actually care about the well being of these accused people's real teeth?

Schwartz and Zenon Peter Olbertz, Lewis' lawyer, criticized what they said was a clandestine attempt to have the grills removed.

That's exactly what it was. The government tried to pull a fast one and have a dentist remove the permanent grills. When they got caught, they backed down and made excuses and played dumb.



Folks, that's your tax dollars hard at work.
 
Waiting in the Wings

Drug dealers would be happy to replace prosecutors as "Nazi thugs." I object to the waste of my tax dollars by sending these two to the dentist. The other inmates would have taken care of the ownership issue without much fuss.

Buddy
 
"Chins Quivering in Indignation"

Did you think no one would see the date of the article? 1990? No cases since that time?

I've never met a drug offender (and I meet in our county jail with 30 of them twice a week) who denied knowledge of the consequences of his activity, including seizure.

Keep fighting that conviction/jury thing. The Reason Magazine 1990 cite oughta make short work of the issue...



Buddy
 
Keep fighting that conviction/jury thing.

Buddy, is it a bad thing to wait until somebody is convicted of a crime before trying to have their teeth yanked out?

Wow! a new record at THR! Godwin's Law can be applied to the very title of the thread, no need to read further.

Yup, now we can all go back to the TV with a cold one. No need for anybody to read/post/care until they actually show people donning the swastika armbands during the halftime show.
 
but this is a civil case you brought up, and there is no human defendant

I call BS. The legal fiction is that the property being seized is the defendant, not the person it's being seized from. But the defining characteristic of a legal fiction is that it's not TRUE.

These cases DO have human defendants, it's just that the legal system uses a deliberate lie to deny them their constitutional rights.
 
Did you think no one would see the date of the article? 1990? No cases since that time?

Did you come to shed a little light on this non-issue without actually paying attention to what those who disagree with you say? The Bovard article has cases through the mid 90's, and the UM Law Review article was written in 2001. The proposal to apply this drug war precedent to the war on guns came from 2005. The topic case, of course, is from 2006.

Now that I've answered your questions, want to take a shot at a couple that I have asked? If the law was not being abused, why was there any support for the CAFRA of 2000? If the police are dependent on forfeitures as a funding source, is that a wise incentive program? The clear incentive is to go after the criminal with the most loot which can be seized, but is that always the most dangerous criminal, or the best use of resources? Can you think of some better-sounding charges against that money that you brought up than "being in the possession of a poorly dressed Mexican"? You said your friend put up a pretty good defense, but I don't think those charges really require much of one. And, what did you mean by saying that asset forfeiture has "gotten drug dealers' attention"? The drug war looks like as much of a failure as ever to me, still catching less than 10%.

I've never met a drug offender (and I meet in our county jail with 30 of them twice a week) who denied knowledge of the consequences of his activity, including seizure.
Why do you keep bringing up drug offenders in jail, when we're talking about civil actions against property? Were you unaware that during the glory days of forfeiture (a time you seem to think was only bad for people who love drugs and hate families), Henry Hyde pointed out that in 80% of federal forfeiture cases, no charges were ever filed against an individual. How can that be, if it's all about getting the criminals off the street? It sure looks like it's all about getting the loot into government coffers, regardless of what may happen to criminals, or law-abiding people like my friend, whose property was accused of a crime.
 
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