Confiscation Without Representation: Government Seizes First, Asks Questions Never
And You Probably Won’t Be getting Any of It Back |
These people often never get their property back - even if charges are never filed. Because the laws are written by government to rig the system - for government. In a criminal case, you are innocent until proven guilty. In a civil forfeiture case, this fundamental freedom tenet is turned on its head. The burden of proof is on the property owner - they must convince the government that they obtained the government-seized property lawfully. And often even that isn’t enough. From 1998:
They did find $39,110 in cash, money she had received from an insurance settlement and her life savings; accumulated through over 20 years of work as a hotel housekeeper and hospital janitor.
Ethel Hylton completely documented where she got the money and was never charged with a crime. But the police kept her money anyway. Nearly four years later, she is still trying to get her money back.
And property seizure is big money for government. Let’s look at just the federal Justice Department – and its Audit of the Assets Forfeiture Fund and Seized Asset Deposit Fund Annual Financial Statements Fiscal Year 2013.
This is attributable to realizing a stable level of forfeited assets in FY 2013 from FY 2012, thus indicating a strong current and future potential stream of assets flowing into the AFF.
Like the one which Texas’ Jerry Shults is currently suffering. Shults is a Vietnam veteran - and a very successful entrepreneur. With interests in real estate management, rental hunting-fishing lodges, a Fort Worth theater - and ownership of thirteen Gas Pipe smoke shops.
Want real weed? Which has been breaking federal law for decades? Head to Colorado. Or Washington state. Or Washington, D.C. Or…. These states (and the District) recently legalized it - and the Feds aren’t bothering them.
Shults opened his first Gas Pipe in 1970. Gas Pipe has for for forty-four years sold LOTS of stuff - most of which has absolutely nothing to do with any of this. Shults has spent the last half century earning and accruing assets and capital - much of it with other businesses that have nothing to do with Gas Pipe.
So how is this cavalcade of property seizures even remotely justified? Shults is out around $16 million - including about $3 million in pension funds for Gas Pipe employees, millions more in decades-old corporate investments, personal savings and retirement accounts and personal automobiles.
The Feds even took four commercial aircraft and a fishing boat Shults has for his rental hunting-fishing lodges - in Alaska. Taking the fruit-from-an-allegedly-poison-tree argument to absurd geographical lengths. And the Feds have placed liens on all eleven Texas Gas Pipes (the two in New Mexico were spared).
Taking a half century’s worth of stuff - because one part of a broad portfolio was allegedly doing something the government just two years ago deemed illegal - is overkill on stilts. Even taller stilts - this massive government grab took place in June, and as of this writing the government hasn’t yet actually charged Shults with anything. They just still have all his stuff.
Look, I’m a retired musician - but I’ve never done any drugs. I actually don’t think pot should be legalized (decriminalized, perhaps).
This isn’t about my thoughts on fake weed. Or real weed. Or incense. This is about the egregious property seizure overreaches we’ve seen - with Shults, and for decades prior.
In defense of free speech - ensconced in our First Amendment - Voltaire said:
We all should.
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Seton Motley is the President of Less Government and he contributes to ARRA News Service. Please feel free to follow him him on Twitter / Facebook.
Tags: property confiscation, government, law enforcement, agencies, confiscation without representation, government seizes first, No questions, Less Government, Seton Motley To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!
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