Legal Corner

Civil Forfieture Law Case?
harborview 10 Reviews 1800 reads
posted

I still see cases in the news...  actual honest business owners being ensnared.  "Structuring" is mostly BS.  I thought there was a test case but I'm not finding it.  This really needs changing.

The problem is that at any time the Feds can choose to drop the charges, leaving no one with standing to bring the case anymore.  Given this, I sincerely doubt any case will ever make it before a judge - too great a risk of the Feds losing on constitutional grounds.

It takes a special client to bring a case: one with the patience, financial depth, and willingness to go the distance.  Bear in mind that during these cases the Feds can take all your financial assets - how do you buy groceries, gas or rent without money?  And just like a bully, the focus of civil asset forfeiture seems to be on those least able or capable of bringing a defense.

The process doesn't need changing.  The laws supporting it need to be voided back to their origin.  If there's a case to be made for taking assets, then charge the people involved.

is that LE's desire to have this law has less to do with capturing criminals than keeping the ill gotten booty they get from the forfeiture law.

Truly a case of the government turning into the mafia.



Even people who have done no wrong lose their money, guilty until proven innocent.  Nothing wrong with siezure of evidence BUT ought to get refunded with interest if not convicted of a crime.  Law totally run amuck...  UnAmerican.

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