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Tuesday, Nov. 20, 2012 at 4:51 AM
Can Canadians Hold Out Against Their Government's Forceful Efforts to Wiretap Their Lives? The Obama Government also wants the power (without a warrant) to introduce as evidence in U.S. Civil; Criminal and Administrative prosecutions any phone call record, email or Internet activity.
U.S. Expanding Cross-border Police Integration With Canada & Asset Forfeiture Sharing
Concurrent with Obamaâs proposed law legalizing and expanding cross-border police integration in North America, Canadians earlier this year discovered introduced (Commons Bill C-30) touted to protect children on the Internetâwould also give any Canadian police officerâwithout a warrantâthe power to request Internet service providers turn over customersâ information (see section 17 of C-30); allow Canadian police to seek into Canadiansâ private computers. C-30 was strongly opposed by Canadians in April 2012. Canadians further discovered Canada had signed with the United States an array of (Asset Forfeiture Sharing Agreements) for Canada to share Canadian and Americans assets civilly or criminally confiscated using Asset Forfeiture laws that resulted from U.S. and Canada sharing information gleaned from electronic surveillance of Canadian and American Citizensâ communications, e.g., emails, faxes, Internet actively, phone records.
Compare: The Obama Government wants the power (without a warrant) to introduce as evidence in U.S. Civil; Criminal and Administrative prosecutions any phone call record, email or Internet activity. Police can take out of context any innocentâhastily written email, fax or phone call record to allege a crime or violation was committed to cause a personâs arrest, fines and or civil asset forfeiture of their property. There are more than 350 laws/violations that can subject property to Government forfeiture that require only a civil preponderance of evidence.
The U.S. âCivil Asset Forfeiture Reform Act of 2000â (effectively eliminated) the âfive year statue of limitationsâ for Government Civil Asset Forfeiture: the statute now runs five years (from the date) government or a police agency allege they âlearnedâ an asset became subject to forfeiture. It is foreseeable should (no warrant) government electronic surveillance be allowed; police will relentlessly sift through business and Citizensâ (government retained Internet data), emails and phone communications to discover possible criminal or civil violations.
History Repeats: A corrupt or despot U.S. Government/Agency can too easily use no-warrantâ(seized emails, Internet data and phone call information) to blackmail Americans, corporations and others in the same manner Hitler used his police state( no warrant) passed laws to extort support for the Nazi fascist government, including getting members of German parliament to pass Hitlerâs 1933 Discriminatory Decrees that suspended the Constitutional Freedoms of German Citizens. A Nazi Government threat of Asset Forfeiture of an individual or corporationâs assets was usually sufficient to ensure Nazi support.
Under U.S. federal civil asset forfeiture laws, a person or business need not be charged with a crime for government to forfeit their property. Most U.S. Citizens, property and business owners that defend their assets against Government Civil Asset Forfeiture claim an âinnocent owner defense.â This defense can become a criminal prosecution trap for both guilty and innocent property owners. Any fresh denial of guilt made to government when questioned about committing a crime âeven when you did not do the crimeâ may (involuntarily waive) a defendantâs right to assert in their defenseâthe âCriminal Statute of Limitationsâ past for prosecution; any fresh denial of guilt even 30 years after a crime was committed may allow U.S. Government prosecutors to use old and new evidence, including information discovered during Civil Asset Forfeiture Proceedings to launch a criminal prosecution. For that reason: many innocent Americans, property and business owners are reluctant to defend their property and businesses against Government Civil Asset Forfeiture.
Annually U.S. Government seizes Billions in assets without filing criminal charges. Increasingly local police are turning their criminal investigations over to Federal Agencies to receive an 80% rebate of forfeited assets. Federal Government is not required to charge anyone with a crime to forfeit property.
Re: waiving Criminal Statute of Limitations: see USC18, Sec.1001, James Brogan V. United States.
N0.96-1579. U.S. See paragraph (6) at:
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