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Opinion from a Libertarian ViewPoint

Posts Tagged ‘civil asset forfeiture’

Doug Casey on the FBI Raids of Safe Deposit Boxes

Posted by M. C. on February 8, 2024

by Doug Casey

The federal government is now controlled by actual Jacobins. They’re inclined to engage in lawfare against citizens—especially those who don’t share their views.

What’s in it for them? When they perform a civil asset forfeiture, a certain percentage goes to the agency that does it.

That money can buy cop toys and training to pad their resumes. That gives them a personal incentive to do things that are, in fact, criminal.

If you use a safety deposit box, lose it. You can be locked out of it at any time and as this shows the government can walk in and steal your stuff.

FBI Raids of Safe Deposit Boxes

International Man: Recently, the FBI raided 700 safe deposit boxes in Beverly Hills.

They opened and searched through the content of every single box, regardless of whether there was any probable cause that individual box owners had committed any crime.

The FBI then attempted to confiscate anything worth more than $5,000 through civil asset forfeiture proceedings. Again, this was regardless of whether there was any evidence of wrongdoing by the individual box owners.

What do you make of this story?

Doug Casey: This is another of many indications that the FBI is totally corrupt and out of control. There’s no indication the agent-in-charge was even reprimanded, much less fired. It’s just one agency, but the fifteen other Praetorian agencies are no better.

An even bigger problem is that the rule of law itself is dead. At this point, almost any federal agency can do whatever they want. If you don’t like it and want to fight them, it’s going to cost a ton of legal fees.

The federal government is now controlled by actual Jacobins. They’re inclined to engage in lawfare against citizens—especially those who don’t share their views.

What’s in it for them? When they perform a civil asset forfeiture, a certain percentage goes to the agency that does it.

That money can buy cop toys and training to pad their resumes. That gives them a personal incentive to do things that are, in fact, criminal. It’s a very serious matter. It’s only going to get worse when CBDCs are initiated—they’ll make civil asset forfeitures, fines, and asset freezes much easier when all your money is visible and available at the central bank. It’s one more reason to own gold—but not store it in a US safe deposit box.

International Man: A federal appeals court recently found that the FBI violated the Fourth Amendment with their actions.

While this is good news, the individual box owners invested considerable time and money in uncertain legal actions to get their property returned to them. It seems there will be no consequences for the FBI agents who flagrantly violated the individual box owners’ Constitutional rights.

It sends the message that the government can engage in gross violation of rights with near impunity. The only consequence is that the courts might reverse their actions years later. No government agents will be punished for violating the law. Such a standard does not apply to regular citizens, of course.

What’s your take?

Doug Casey: Individual agents are a protected class. It’s extremely hard and very expensive to prosecute them as individuals. Remember that the first loyalty of agents is to each other, and the second is to their employer. The public, who they’re supposed to “protect and serve,” is in third place.

Federal law enforcement agencies have become much more aggressive over the years and increasingly recruit and retain the kind of people who fit in that culture. They have every incentive to continue and no incentive to change course.

What about the Constitution? Isn’t it supposed to protect us? Yes, in theory. But it’s simultaneously a dead letter and a “living document” that can be altered to suit. It’s so selectively enforced and has been so grotesquely reinterpreted that it basically doesn’t mean anything anymore. There’s an occasional victory, but the trend has been downhill for many years. The next major crisis will allow lots of emergency measures to further subvert it. The type of people who are attracted to the US government never let a good crisis go to waste.

International Man: Civil asset forfeiture lets the government seize your property under the flimsiest pretexts.

See the rest here

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The FBI Pilfered 800 Safety Deposit Boxes, Pocketing People’s Life Savings | The Libertarian Institute

Posted by M. C. on September 22, 2021

It is widely known that a large percentage (upwards 0f 90%) of U.S. paper money contains trace amounts of cocaine. Having a large amount of cash will most assuredly alert a drug dog.

Remember what I said about safety deposit boxes?

https://libertarianinstitute.org/articles/the-fbi-pilfered-800-safety-deposit-boxes-pocketing-peoples-life-savings/

by Matt Agorist

For decades now, federal government and their cohorts in law enforcement have been carrying out theft of the citizenry on a massive scale using Civil Asset Forfeiture (CAF).

The 1980’s-era laws were designed to drain resources from powerful criminal organizations, but CAF has become a tool for law enforcement agencies across the U.S. to steal money and property from countless innocent people.

As the following case out of Beverly Hills illustrates, no criminal charge is required for this confiscation, resulting in easy inflows of cash for law enforcement departments and the proliferation of abuse. This phenomenon is known as “policing for profit” and the latest example is exceedingly egregious.

Using bogus excuses, the FBI raided roughly 800 safety deposit boxes at a single location in Beverly Hills. They made random and apparently unsubstantiated accusations that the U.S. Private Vaults in Beverly Hills was aiding criminal activity. The business was indicted in February on claims that it marketed itself to criminals to help them launder money and dodge government detection.

But no one was ever charged.

Instead, the FBI raided the place and confiscated, or rather robbed people like Joseph Ruiz and others of their life savings. These folks like Ruiz were then forced to prove their innocence in order to get their money back.

The FBI falsely claimed that Ruiz, who is a chef, made the &57,000 they stole from him from drug dealing because a drug dog alerted to the presence of drugs on the cash.

It is widely known that a large percentage (upwards 0f 90%) of U.S. paper money contains trace amounts of cocaine. Having a large amount of cash will most assuredly alert a drug dog.

In fact, the U.S. Court of Appeals for the Ninth Circuit has ruled that government does not have probable cause to seize cash from individuals based only on a drug-detection dog’s reaction; stating specifically that the majority of money in circulation has drugs on it.

But court precedents and ethical enforcement of the law apparently mean very little to the FBI who confiscated the life savings of hundreds of people for this very reason. Ruiz was forced to produce documents proving his innocence and show the source of the money was legitimate in order to get it back. In other words, he was guilty until proven innocent.

But Ruiz was one of many people robbed by these agents. In total, these thieving FBI agents robbed 800 people of $86 million in cash, jewelry, and precious metals. Hundreds of those involved have contested the government-sanctioned theft and 65 of them have filed suit.

“It was a complete violation of my privacy,” Ruiz said. “They tried to discredit my character.”

According to the LA Times, “prosecutors, so far, have outlined past criminal convictions or pending charges against 11 box holders to justify the forfeitures. But in several other cases, court records show, the government’s rationale for claiming that the money and property it seized was tied to crime is no stronger than it was against Ruiz.”

The feds claimed that the other robbery victims were guilty for the mere ways the money was stored and how it smelled. If it was wrapped in rubber bands, it had to come from drug sales. If it smelled like drugs to the dog, the owner was guilty.

“The notion that the old rubber bands mean they must be drug dealers is ludicrous,” one of the victim’s lawyers, Benjamin Gluck said.

Gluck told the Times that U.S. Private Vaults customers “included many immigrant business owners who escaped repressive regimes where banks are unsafe and have collected amounts of cash as their life savings over many, many years.”

In other words, the FBI is robbing innocent people of their life savings and using bogus excuses to justify the theft.

Unfortunately, this entire 4th Amendment violation carried out by the FBI is considered legal under current US law. Despite most everyone whose valuables were stolen being innocent, the U.S. Attorney’s office said “nothing requires the government to ignore evidence of a crime that it sees” while taking inventory of seized goods.

And this is why in the last 30 years, the amount of “profit” stolen through civil asset forfeiture has skyrocketed.

According to the US Department of Justice, the value of asset forfeiture recoveries by US authorities from 1989-2010 was $12,667,612,066, increasing on average 19.5% per year.

In 2008, law enforcement took over $1.5 billion from the American public. While this number seems incredibly large, just a few years later, in 2014, that number tripled to nearly $4.5 billion.

When we examine these numbers, and their nearly exponential growth curve, it appears that police in America are getting really good at separating the citizen from their property—not just really good either, criminally good.

To put this number into perspective, according to the FBI, victims of burglary offenses suffered an estimated $3.9 billion in property losses in 2014.

That means that law enforcement in America, in 2014, stole $600,000,000 more from Americans than actual criminal burglars.

When government surpasses the criminal accomplishments of those they claim to protect you from, there is a serious problem. We’ve seen horrible instances of criminal cops and feds using this legal doctrine to rob everyone from grandmas to musicians, and in fact, we have even reported on cops stealing tens of thousands of dollars from an orphanage and a church. Seriously.

As TFTP reported at the time, to “keep society safe,” sheriff’s deputies in Muskogee County, Oklahoma robbed a church and an orphanage of $53,000. Real American heroes.

The good news is that Americans have been waking up to this Orwellian notion of police robbing the citizens, and they are taking a stand. Hopefully, the court finds this seizure illegal and puts these FBI agents in their place.

This article was originally featured at The Free Thought Project

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American Cops Now Steal More Property than All US Burglars Combined

Posted by M. C. on March 12, 2021

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Why It’s Rational to Fear Cops | Mises Wire

Posted by M. C. on June 6, 2020

This example also illustrates Sowell’s observation that brands are substitutes for specific knowledge. We do not know whether any individual is trustworthy or not, but, ideally, a police uniform should be a consistent marker of trustworthiness. But the converse may also be true. Just as I avoid the McDonald’s arches because I don’t like their food, the information conveyed by a police uniform is not always consistent with the idealized vision of police.

https://mises.org/wire/why-its-rational-fear-cops?utm_source=Mises+Institute+Subscriptions&utm_campaign=dd4114620d-EMAIL_CAMPAIGN_9_21_2018_9_59_COPY_01&utm_medium=email&utm_term=0_8b52b2e1c0-dd4114620d-228343965

In economics, branding serves an important purpose. Brands allow people to economize on knowledge, a scarce resource. We make decisions with imperfect information, and brand labeling and trademarks help us navigate these decisions. As Thomas Sowell writes:

When you drive into a town you have never seen before and want to get some gasoline for your car or to eat a hamburger, you have no direct way of knowing what is in the gasoline that some stranger at the filling station is putting into your tank or what is in the hamburger that another stranger is cooking for you to eat at a roadside stand that you have never seen before. But, if the filling station’s sign says Chevron and the restaurant’s sign says McDonald’s, then you don’t worry about it.

He goes on to add that “brand names are substitutes for specific knowledge.”1

You don’t know much about the particular bottle of ketchup you may be buying—the quality of the factory it was produced in, the farmer who grew the tomatoes, or the recipe used—but if it says Heinz on the label, you have a good idea of what you’re going to get. The need to economize on knowledge is so important that in the Soviet Union, people began to learn how to read barcodes to know whether or not they were getting products from reliable factories.2

In customer service industries, this is also the purpose of a uniform. Customers can quickly identify the person they need to talk to in a retail environment, and the uniform conveys certain expectations. The electronic retailer Best Buy dresses its computer technicians, called the “Geek Squad,” in comically cliché “geek” uniforms—white shirts and black clip-on ties—in an attempt to help customers distinguish the employees with specialized computer knowledge from those who sell televisions.

But brand names, trademarks, and uniforms don’t always convey the information that companies want them to convey. For instance, if a customer had a bad experience with an incompetent Geek Squad agent, they may see the uniform as an indicator of somebody whose computer advice should not be trusted. Similarly, McDonald’s famous golden arches may inform a potential customer about the consistent quality of their hamburgers, as Sowell points out, but some consumers may see this as a sign of where not to eat. People always economize on information, but not necessarily in the way that companies hope.

This is why companies are so protective of their brand and trademarks. Any dilution of their reputation hurts the value of their product in the eyes of the consumer, not because the quality itself is lowered, but because when consumers face greater uncertainty in their economic decisions they are less likely to buy a given product.

As in the customer service industry, a police officer’s uniform conveys information to civilians. In the idealized vision of police, the uniform should convey security. Most of us were taught as children that if we get separated from our parents, we should avoid strangers but find a police officer. Even though the officer is also a stranger, children are taught to see the police uniform as an indicator of trustworthiness in the potentially dangerous uncertainty of human interaction.

This example also illustrates Sowell’s observation that brands are substitutes for specific knowledge. We do not know whether any individual is trustworthy or not, but, ideally, a police uniform should be a consistent marker of trustworthiness. But the converse may also be true. Just as I avoid the McDonald’s arches because I don’t like their food, the information conveyed by a police uniform is not always consistent with the idealized vision of police.

Any given police officer may be a kind, helpful person who only wants to serve and protect, as the police mantra claims, or he may be a scoundrel who enjoys asserting violent authority over others. This is the uncertainty that people face every time they interact with a police officer. But the uniform does convey some consistent, reliable knowledge that helps people know whether to feel safe or threatened.

For instance, thanks to the doctrine of qualified immunity, all police officers are immune from the consequences of excessive and unnecessary force, even in cases that result in the death of unarmed, nonresisting civilians. Certainly not all police take advantage of this immunity. Social media loves heartwarming stories of cops helping people or simply showing kindness. Many cops are not needlessly violent—in fact, it’s likely that the vast majority of them are not. But the uniform does not inform civilians of whether or not a cop will be gracious or abusive; it merely informs us that if they want to commit violence they can do so without fearing the consequences that the rest of us would face.

The result is that, in contradistinction to what we are taught as children, many people rationally feel unsafe interacting with a police officer than they do with a random civilian stranger. I stress the word “rationally” because their feeling of insecurity is not the product of a delusional prejudice or false propaganda, but rather of the reasonable weighing of possibilities in the face of uncertainty. They do not have knowledge of the specific officer’s temperament and character, but they do have knowledge of the legal immunity that will protect the cop if he abuses his authority.

Similarly, practices such as civil asset forfeiture become attached to the police uniform in the minds of civilians. Many cops, I’m sure, would never steal a person’s life savings or confiscate their legally owned property just because the law allows them to do so—but the law does allow them to. In the face of uncertainty, this is the knowledge that people have. If somebody has cash on their person or in their vehicle, as people often do when buying a used car off the internet or conducting a similar legitimate transaction, they don’t know whether a given cop will steal their money—they only know that the officer can.

And just as when a company hurts their brand by consistently providing poor service or a disappointing product, the frequent stories of police brutality and extrajudicial killings re-create the image of police conveyed by the uniform. The lack of accountability in these stories amplifies the effect. The actions of individual officers, even if we accept that they are anecdotal and not representative of the majority, convey information that people rationally attach to the uniform of all cops.

In short, people increasingly feel unsafe around police, because, frankly, it would be irrational to feel otherwise. It is impossible for anybody to know what a given cop will do, but thanks to the perverse incentive structures created by courts and tough-on-crime legislators, as well as the poor behavior of individual officers, who are virtually never brought to justice, people make their judgments of the police based on what officers can do. As long as we live in a world of imperfect information, it would be silly to expect people to make assumptions about police according to any other standard.

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Civil Forfeiture Video: A Huge Money Tree for Cops

Posted by M. C. on September 16, 2018

Civil forfeiture in the United States, also called civil asset forfeiture or civil judicial forfeiture[1] or occasionally civil seizure, is a legal process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. While civil procedure, as opposed to criminal procedure, generally involves a dispute between two private citizens, civil forfeiture involves a dispute between law enforcement and property such as a pile of cash or a house or a boat, such that the thing is suspected of being involved in a crime. To get back the seized property, owners must prove it was not involved in criminal activity.

Guilty until proven innocent. Proving innocence is extremely difficult and cops know that.

Don’t hear much about this widespread abuse in the media.

https://www.garynorth.com/public/18567.cfm

Gary North

This video explains it. Your property (unlike you) is guilty until proven innocent — at your expense.

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What it Means to be a Law Enforcer . . . – EPautos – Libertarian Car Talk

Posted by M. C. on July 23, 2018

Recall the Boston Marathon house to house bomber search.

Citizens forced from their homes at gunpoint.

https://www.ericpetersautos.com/2018/07/22/what-it-means-to-be-a-law-enforcer/

By eric

It is no accident that police have become more brutal – in appearance as well as action – since they became law enforcement.

The term itself is a brutal syllogism. The law exists and must be enforced because it isthe law. I am just doing my job, only following (lawful) orders…

Law enforcement countenances anything, provided the law says so. It is what has made it possible for law enforcers to seize people’s property without charge or due process of any sort – because the law (civil asset forfeiture) gives them the power to do it. Some do it perfunctorily – the banality of evil Hannah Arendt wrote about. Others do it zealously – this includes the rabid little man who is the chief law enforcement officer of the state, Attorney General Jeff Sessions. Read the rest of this entry »

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Police Seized Property of Close to 1,000 People in Michigan—Without Ever Convicting Them of Crimes – Hit & Run : Reason.com

Posted by M. C. on July 12, 2018

https://reason.com/blog/2018/07/11/police-seized-property-of-close-to-1000

Close to 1,000 people in Michigan had their property seized by police or government officials last year even though they were neither convicted nor sometimes even charged with committing a crime.

That’s the bad news. The good news is that we have this information at all. In 2015 Michigan passed legislation that mandated local law enforcement agencies report more information to the state about the extent of their seizures. The Department of State Police just released its first report that encompassed all agencies for a full calendar year.

Law enforcement agencies across the state seized more than $13 million in cash and property in 2017. And while State Police Director Kriste Etue claims in the report’s introduction that all those seized assets were “amassed by drug traffickers,” that’s not really what the numbers show… Read the rest of this entry »

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Crack Down on ‘Money Laundering’ and ‘ISIS’ – More Government and Killer Cops

Posted by M. C. on June 27, 2017

https://lewrockwell.com/2017/06/daisy-luther/congress-crack-money-laundering-isis/

bill introduced in Congress on May 25th would make it illegal to keep your money outside of the bank unless you file paperwork explaining where you’re keeping it.

This includes cash, Bitcoin or other cryptocurrencies, prepaid mobile phones, retail gift vouchers, or even electronic coupons.

Always remember that registration is the first step toward confiscation. This is true whether it’s guns or whether it’s money.

Loathsome Attorney General Jeff Sessions will be thrilled with the bill, as it also greatly expands the government’s reach in Civil Asset Forfeiture (theft without due process). Sessions is a huge proponent of Civil Asset Forfeiture, which to me negates anything positive he could ever bring to any position of power.

So, let’s assume this bill passes. If you don’t fill out their forms and you get caught, they can take everything you own. Without a trial or any due process of law…

Speaking of war, there is a dangerous trend in police training that could be responsible for the death of innocent men like Philando Castile.
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