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by Dan Scott
Saturday, Mar. 14, 2009 at 8:32 AM
Any fresh denial to the government when questioned about committing a crime “even when you did not do it” can “involuntarily waive” your right to assert in your defense—the “Criminal Statute of Limitations” has passed for prosecution.
Americans should be alert to a problematic increase in “police property seizures” as the economy worsens: Police departments having a budget crisis, faced with having to layoff police officers, may increasingly look to civil asset forfeiture of Citizens property to pay their salaries and operating costs.
Police corruption abounds U.S. Cities: Citizens are illegally shot, falsely arrested, prosecuted and imprisoned. Every American is at risk of being falsely imprisoned despite the conviction standard “evidence beyond a reasonable doubt.” Frequently reported, Police falsify evidence and or purchase testimony from paid informants to convict Citizens. Imagine how easy it would be for corrupt police to forge evidence to cause “civil asset forfeiture” of a person’s property like their home. Civil Asset Forfeiture requires a lower standard of evidence than criminal evidence, “only a Preponderance of Civil Evidence” to seize property: government can use as civil evidence to forfeit someone’s real property, the fact the owner reported to police that a tenant was dealing drugs to show that the owner—had prior knowledge of the activity.
In 2000 HR1658 passed: the “old statute of limitations” died that gave government “five years” to seize property from the actual date a “property” was involved in crime. Police now have five-years to seize property from “whenever police claim” they learned a “property” was made subject to civil asset forfeiture. There are over 200 U.S. laws and violations that can subject property to civil asset forfeiture. For example a misrepresentation on a federally insured mortgage loan application can make your home—forever subject to federal civil asset forfeiture.
Most property and business owners that defend their assets against Government Civil Forfeiture claim an “innocent owner defense.” This defense can become a criminal prosecution trap for both guilty and innocent property owners. Any fresh denial to the government when questioned about committing a crime “even when you did not do it” can “involuntarily waive” your right to assert in your defense—the “Criminal Statute of Limitations” has passed for prosecution. Any fresh denial of guild, even 30 years after a crime was committed may allow Government prosecutors to use old and new evidence, including information discovered during a Civil Asset Forfeiture Proceeding to launch a criminal prosecution. For that reason many innocent property and business owners are reluctant to defend their property and businesses against Government Civil Asset Forfeiture. Re: Waiving Criminal Statute of Limitations: See James Brogan V. United States. N0.96-1579; USC18, Sec.1001
Corrupt Police framing property is seldom reported, probably because victims of civil asset forfeiture trade off not going to jail for giving up their confiscated property to Police Forfeiture Squads.
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