- js reader version
- view hidden posts
- tags and related articles
by Dan Scott
Sunday, Mar. 15, 2009 at 8:25 PM
Police too easily can take an innocent person’s hastily written email, fax or phone call out of context to allege a crime or violation was committed to cause an arrest or asset forfeiture.
In 2008 Telecoms were granted government immunity after they helped U.S. Government spy on millions of Americans’ electronic communications. Since, Government has not disclosed what happened to NSA’s millions of collected emails, faxes and phone call information that belong to U.S. Citizens? Could those wiretaps perhaps illegal, become a problem for some Americans? Neither Congress nor the courts—determined what NSA electronic surveillance could be used by police or introduced into court by Government to prosecute Citizens.
In 2004, former Attorney General John Ashcroft asked government prosecutors to review thousands of old intelligence files including wiretaps to retrieve information prosecutors could use in “ordinary” criminal prosecutions. That was shortly after a court case lowered a barrier that previously blocked prosecutors from using illegal-wire tap evidence in Justice Dept. “intelligence files” to prosecute ordinary crimes. It would appear this information, could also be used by government to prosecute civil asset forfeitures.
Considering this court case, it might be possible for NSA to share its “recent” electronic-domestic-spying with countless U.S. police agencies; including contracted-companies and private individuals that have government clearances to facilitate forfeiting Americans’ property—to keep part of the bounty. Police too easily can take an innocent person’s hastily written email, fax or phone call out of context to allege a crime or violation was committed to cause an arrest or asset forfeiture: Under federal civil forfeiture laws, a person or business need not be charged with a crime for government to take their property.
IN 2000, Henry Hyde’s bill HR 1658 passed and effectively eliminated the statue of limitations for Government Civil Asset Forfeiture, i.e., the statute runs five years from when police allege they learned an asset became subject to civil asset forfeiture. It is problematic law enforcement agencies and private government contractors will want access to more recent telecom/NSA wiretaps to secure evidence to go back perhaps decades to arrest Americans and or civilly forfeit their homes, inheritances and business under Title 18 of the United States Code. Of obvious concern, what happens to fair justice in America if police become dependent on “Asset Forfeiture” to help pay their salaries?
Patriot Act Retroactive Asset Forfeiture Provisions: Under the USA Patriot Act, witnesses can be kept hidden while being paid part of the assets they cause to be forfeited. The Patriot Act specifically mentions provisions in Rep. Henry Hyde’s bill HR 1658 "The Civil Asset Forfeiture Reform Act of 2000." The bill included "retroactive asset forfeiture provisions" that apply retroactively to “assets already subject to government forfeiture”, meaning "property already tainted by crime" provided “the property” was already part of or “later connected” to a criminal investigation in progress" when HR.1658 passed.
To help protect Americans from police forfeiture abuse, Congress should pass legislation that raises the standard of evidence Government uses for Civil Asset Forfeiture from a mere “Preponderance of Evidence”, to “Clear and Convincing Evidence.”
Report this post as:
LATEST COMMENTS ABOUT THIS ARTICLE
Listed below are the 10 latest comments of 1 posted about this article.
These comments are anonymously submitted by the website visitors.
Change Links September 2018 posted
More Scandals Rock Southern California Nuke Plant San Onofre
Site Outage Friday
Change Links August 2018
Setback for Developer of SC Farm Land
More problems at Shutdown San Onofre Nuke
Change Links 2018 July posted
More Pix: "Families Belong Together," Pasadena
"Families Belong Together" March, Pasadena
Short Report on the Families Belong Together Protest in Los Angeles
Summer 2018 National Immigrant Solidarity Network News Alert!
Watch the Debate: Excluded Candidates for Governor of California
Change Links June 2018 posted
The Montrose Peace Vigil at 12 Years
Unity Archive Project
Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi
CA Senate Bill 1303 would require an independent coroner rather than being part of police
Three years after OC snitch scandal, no charges filed against sheriffs deputies
California police agencies violate Brown Act (open meetings)
Insane Company Wants To Send Nuke Plant Waste To New Mexico
Change Links May 2018
Worker-Owned Car Wash on Vermont Closed
GUIDE TO REBEL CITY LOS ANGELES AVAILABLE
lausd whistle blower
Help KCET and UCLA identify 60s-70s Chicano images
UCLA Luskin: Casting Youth Justice in a Different Light
Change Links April 2018
More Local News...
Paraphysique de psychosomatique
Chuck Grassley: Women Abusing, Animal Murdering, Illegal War Supporting Criminal
Finance Capitalism and the Digital Economy
Muselières syndicales, muselières patronales
Jeff Bezos, Amazon, The Washington Post, Whole Foods, Etc
Why Choose Nut Milk Over Cows' Milk
Antrhopocène, le grand effondrement
The Dictatorship of Corporations
18 Lethal Consequences Of Hunting
Paraphysique de l'outplacement déontologue
Shopping du bashing
After Lehman Brothers, Experts Say Global Financial Crisis Can Happen Again
“Animaniacs in Concert!” Starring Voice Legend Rob Paulsen
Probabilités de fin d'humanité
Florida Area of Migrant Farmworkers Denied Right to Construct Health Clinic near NaplesCIW
Steer clear of work morality!
The Shortwave Report 09/07/18 Listen Globally!
August 2018 Honduras Coup update
Brett Kavanaugh Filled The 5th Circuit With Execution Judges
Augusta Georgia Woman Gets 5 Year Prison Sentence for Writing About Russians Crime Acts
Paraphysique de contextualité
Crisis Regulation in Global Capitalism
Ex-voto de réification
Please Oppose Warmonger, Execution and Torture Supporting Bush Operative Brett Kavanaugh
Paraphysique d'exploitation occultation
Ryan Zinke Is Charging Taxpayers For A Trophy Hunters' Council
Is the Financial Crash 2.0 Coming?
More Breaking News...