The FBI Seized This Woman's Life Savings–Without Telling Her Why
reason.com
reason.com
About two years post-seizure, the bureau returned Martin's money—shortly after she filed a nationwide class-action lawsuit. But while the bureau may have hoped that would persuade her to drop it, she has continued with her suit, which was back in court last week and seeks a ruling that will prevent the FBI from proceeding with others as it did with her.
Hero.Rosa Parks was not the first to refuse to move to the back of the bus. She was, however, more suitable for the lawsuit. https://en.wikipedia.org/wiki/Rosa_Parks#Refusal_to_move
Plessy's "violation" of the despicable Separate Car Act was staged, with the conductor and private detective part fully aware of the planning. https://en.wikipedia.org/wiki/Homer_Plessy points out that the early test case planning included looking for a woman of "not more than one-eight colored blood" as the possible plaintiff.
A more fictionalized dramatization might be season 4 episode 9 of _The Good Wife_ trying to get a DOMA test case (https://en.wikipedia.org/wiki/The_Good_Wife_season_4) which focuses on the need to lose at the initial trial because SCOTUS is part of the appellate court system. (And, of course, you probably need to lose at state-level appeals as well.)
I would argue that breaking the incentive is the best way to stop this,as opposed to fighting the detail of seizure justification (although the concept of 'criminal property' without charging the owner should be limited too)
The only solution is to let the petty drug dealers get away with their cars and let the mob bosses get away with their mansions, etc but that requires making it socially unacceptable to support the status quo which means shunning those that do (i.e. basically what happened with racism in the 60s and homosexuality in the 00s) which is hard.
If you take a step back you'll see that while tea-party, occupy wall street, Maga 1, mostly peaceful 2020/BLM and Maga 2 all take aim at different points in the establishment they're all firmly rooted in the discontent that every day people have with the amount the powers that be are lightening their pockets for causes they don't agree with.
The grassroots movements will keep coming (and they will probably become more extreme too, and the powers that be will keep trying to co-opt and redirect them) until something changes.
It is correct that the grassroots movement that you mentioned had a core of righteous discontent. As mentioned, the right portions were co-opted quickly and refashioned into an arm of neoconservatism. The left was popularly (though not ideologically) discredited or otherwise neutered by reliance on reluctant liberal "allies". The proof is in the rightward march of American policy in the interim.
In my country, local authorities are often accused of using parking fines as revenue, but the police are rarely accused of seizing for gain. As an unofficial punishment yes, but not for gain.
I don't really follow you. Are you suggesting that the victims fund would over-compensate victims so that they make a profit from being robbed etc?
Currently, lots of people do make a career out of causing crimes - we call them criminals.
On the other hand, what happened in the linked article appears to be the FBI seizing the women's assets with approximately zero evidence she committed a crime.
It's far more effective to lower the road's natural speed by introducing curves, roundabouts, rumble strips, flexible barriers and speed bumps.
Regardless, this is a distraction. Law is the codification of acceptable behavior. Rules that come with force of law should not substantially deviate from what average people consider acceptable.
Furthermore, these sorts of bad laws aren't just limited to property seizure and speeding. From federal tax law to municipal zoning these is no shortage of these sorts of laws, rules with force of law and precedents that are crafted in such a manner as to give the enforcers unilateral power to take as they please and with checks limits generally only existing not to prevent abuse but to prevent the enforcers from getting so greedy that their racket gets outlawed. All examples of such laws and rules are bad and ought to be done away with.
Thank you for illustrating exactly what one of the enablers of these sorts of bad policies looks like. I will leave imagining what a similar argument in favor of civil asset forfeiture looks like as an exercise for the reader.
Good luck lobbying the town to change the speed limit. They don't care what you think about the limit, if you drive past that speed you'll have to pay.
And just to rant a bit: as someone who lives on a too-straight street (but very local and with pedestrians, including, children, walking on often) where dickheads constantly drive well past the limit because they probably think they know best what's "acceptable", I would love them to get hefty fines every time they did it.
Go to city council meetings and demand that the road is re-engineered instead of blaming drivers.
Once again, you're doing a great job illustrating how we got to the status quo we have. You're littering in the park, ideologically speaking. You want heavy handed enforcement on your pet issue. Like litter it's not a problem a a few people do it but when you multiply by every other shortsighted person who does the same and the end result is the political will to allow law enforcement to get away with beyond the pale behavior like in TFA.
The outcome for greedy, corrupt towns who enjoy profiting by abusing the law is DEATH: https://en.wikipedia.org/wiki/New_Rome,_Ohio#Dissolution
So perhaps, for their own survival, they should care what their victims think, and not abuse their position.
> as someone who lives on a too-straight street [...] where dickheads constantly drive well past the limit
Then fix the street. Modern design codes call for chicanes and street furniture to narrow the street. When streets are narrow, drivers naturally slow down.
A straight, wide road with a low speed limit is like a door with a handle and a sign saying "push" - and you want to fine anyone who intuitively pulls the handle.
Additionally, even if the speed limit is changed, assuming there is appropriate signage it is your responsibility to follow the speed limit.
https://www.al.com/news/2022/01/police-in-this-tiny-alabama-...
https://reason.com/2022/05/08/11-insanely-corrupt-speed-trap...
https://www.cbsnews.com/news/speed-trap-profits-could-come-e...
> Waldo, Florida, is just two square miles, and Highway 301 runs right through the village, but the highway speed limit changed six times, enabling police to write thousands of tickets a year. The AAA put up a billboard warning drivers.
It's the responsibility of town planners, etc. to design roads and their speed limits for safe traffic flow. Sudden speed limit changes are dangerous, and a much safer approach - if, say, a highway runs through a village for two miles, with multiple junctions - is to have a single speed limit for the entire stretch. Not to have speed ups and slow downs, aggressive enforcement, and evidence that the majority of your village's funding comes from fines. That is municipal malfeasance.
https://www.propublica.org/article/fenton-louisiana-brought-...
That's not how driving actually works in practice. Most of the time drivers rely on a learned sense of what the standard speed limit is based on the type of road. E.g. highways are 65 - 70, major roads are about 55, neighborhoods are 25 - 35, etc. When I learned to drive, the state's drivers manual literally had a section on what speed limit you should assume on different types of road if you haven't seen a sign.
That's to say nothing of situations where the sign is actually hidden. For example, I was once pulled over on a road that abruptly dropped more than 25 mph, on a significant downward slope, where a tree was growing in front of the speed limit sign.
Speed traps are as described by others: abrupt, significant changes in speed limit with minimal warning and poorly-visible signage.
Look up the story of Waldo, Florida, which for years and years did this on US 301. The town lies on the main route between Gainesville, location of the University of Florida, and Jacksonville, where it meets I-95 and thus access to points north along the East Coast. It was one of the few places that the American Automobile Association would directly call out as a speed trap.
I know that Alabama has had a series of laws starting in the 90s passed by the state legislature to rein in such activity. Not entirely successful, but not without its victories, either.
This has to be legislated at the state level, though, or the municipalities will go wild in their policing for profit.
The south catches a bad rap for speed trap towns but seems like every 10yr or so some town in the midwest abolishes its police department or something because of that sort of behavior.
In principle, great, but the trick is that the signage is such an inscrutable combination of badly placed adhoc signs and road-markings that a huge number of visitors with zero intent to breach a rule get fined.
There is a common sense principle such things should meet: if the revenue from a traffic measure is high and consistent then not only has it failed in it's purpose to change behaviour but there is something bogus about it's setup.
A judge first ruled the signage was fine but after seeing so many appeals, he admitted he had been definitively proven wrong and it needed to be improved.
Legally, of course. But there is such a thing as an artificially low speed limit. If the road conditions allow driving in safety at 60 km/h but a town installs a sign that says that you have to drive at 10 km/h, with no pedestrian traffic or bends or anything at all that could justify it, then that is a speed trap, and drivers who drive the normal speed of 60 on that stretch are not doi g anything wrong, the law is just being abused against them.
Why would anyone like that the government created an incentive to seize more bitcoin?
It'd be one thing if the bitcoin was just thrown in a hole or destroyed. A strategic reserve is a financial asset though, the government will want to grow that fund to help fund pet projects while running a ridiculous deficit.
They also could prevent you from using the btc in any non-private transaction. Companies are required to know their customers, it wouldn't be hard for them to be forced to block specific bitcoin hashes. You could still trade it privately, but it would effectively be gray money and should be worth less.
I wonder if the FBI can proclaim a certain wallet is yours and you did some bad thing so you have to surrender those coins. Without the private key, they can't forcefully confiscate your coins. But I wonder if they can say "If any coins leave that wallet, we'll take retaliatory action!".
The government could gain valuable intel from bitcoin addresses all the way back to the Mt Gox scandal. They would have only gotten more access since then, especially with legitimate businesses operating as exchanges that follow KYC regulations.
If I go take someone's wallet, I don't get to get away with calling it a "seizure", "forfeiture", or "revenue". It'd be called theft or robbery, and I'd go to prison.
There's something infantile about how we go along with the state's fictions and pretenses rather than just calling their wording of "civil forfeiture" by its natural wording of "robbery".
I think the origin of this the formation of "district attorneys", followed by only allowing them to prosecute, as well as professional police forces. This is a sharp deviation from and degradation of common law, which used to allow anyone to initiate a prosecution against anyone, and which levied the responsibility of law enforcement on everyone.
I'm a Federal Employee, not a LEO. If I take someone's wallet, I can claim qualified immunity.
https://ij.org/press-release/supreme-court-refuses-to-hear-c...
In a country where tips at restaurants are not only socially accepted but actually expected, this seems "expected behavior" as well, in my opinion.
A huge fraction of FBI missteps that make the news involve this fact pattern but it's never actually what causes the misstep to blow up and make the news. You don't need to know statistics to know what this implies about the prevalence of said fact pattern.
Because they investigate themselves?
I remember reading an article where they showed up with money counting machines and evidence techs to process the loot.
They 100% knew what they were doing and thought there would be no repercussions because only criminals "hide" assets in private vaults.
https://en.wikipedia.org/wiki/Good-faith_exception
Search Lexus/Nexus for 'Good faith'. A lot of searches, failure to protect chain of custody, etc just get allowed because 'good faith'.
Worse, it should be slam-dunk unconstitutional (unreasonable search and seizure, due process) but thus far courts have done what they do most of the time: sided with law enforcement. The legal justification is so laughably bogus too ("the money has no rights"... yeah but who does that money belong to?).
In the early days of the U.S., the first federal criminal code, the Crimes Act of 1790, enumerated 23 federal offenses and established punishments for each.Historically, they couldn’t. George Washington was willing to use military force to enforce law.
Regarding states ignoring federal laws, the first I know of resulted in New York v. United States in 1992 where the Court ruled that congress couldn’t require states to enact waste disposal regulations. In more recent history, Oklahoma voted to nullify the Affordable Care Act in 2013. The biggest shift, however, was in marijuana legalization across the country. According to the federal government, pot is illegal. States have explicitly made laws stating the opposite. I can find nothing else quite like it in US history. This is different from previous cases where the states challenged a law on legal grounds. Here, they just ignored the federal government entirely.
Civil asset forfeiture is a blatant violation of the 4th so depending on how exactly the seizure went down the laws of the jurisdiction it's larceny, robbery, armed robbery, etc.
But people give the government too much benefit of the doubt hence the discussion being anchored around "legal theft".
The whole idea would moot the fourth amendment.
https://en.wikipedia.org/wiki/Kids_for_cash_scandal
Needless to say, although the criminal records for these kids got expunged (after 15 years, WAY too late and didn't mean anything anymore, and already had caused maximum damage on these kids' lives), no restitution was paid (yes kids have a criminal record. It just gets blanked on their 18th birthday)
Needless to say, the actual crime the state, the judges, a private detention facility, public school employees, and ... participated in was kidnapping and abusing 2401 kids for a combined 380 years. The normal restitution payment for wrongful imprisonment is $50,000 per year, or in this case the state would normally owe these kids 19 million dollars, or about 8,000 dollar per kid (average). NOTHING was paid by the state for imprisoning kids through corruption for decades (plural). Oh and the private detention facility not only got to keep all the money, they are still in business.
If a private person had committed such a crime, holding 2401 kids for a combined 380 years, the punishment would obviously be unimaginable. Hell, such a case would make people would ask "is there a death penalty in Pennsylvania?" (there is)
The punishment for public servants? Everyone involved went free except one of the judges (he did not just corruptly imprison kids, he committed tax evasion), 3 people lost their jobs, and everyone kept all money that had changed hands.
They can all be judges again. The ONE person that got imprisoned retired in Florida (one of the 3 judges, the one that did not just hurt kids, but also committed tax fraud). He was physically attacked many times, even in Florida. He moved to Florida because the police in Pennsylvania after the first few attacks refused to file charges against his attackers, even when they involved week-long hospital recovery stays.
I utterly hate Trump, but it's relevant to add: Biden pardoned him.
So when you say "judge", is this the sort of people you are talking about? When you say "politician" would that be the state legislature members that voted a law specifically to exempt everyone from prosecution in this case (that's why only the tax fraud judge got "imprisoned")? And when you say "law enforcement officers", do you mean the people that helped and committed violence against kids to safeguard the money?
I say that, because this was declared, by elected officials, to NOT be a criminal conspiracy. In fact they voted in a law SPECIFICALLY to make sure this could not be considered a criminal conspiracy. So your standards need adjusting.
Frankly, as soon as you look into it, you're going to find that governments see law as something that applies to other people, not to them. Not in small things. Not in large things. And once you see this, you will notice the small things constantly (like public vs private busses behavior, to name something so small it's almost ridiculous, yet obviously it's constant crimes) ...
And, of course, this was not the only state this happened.
And this is pretty much the entire republican party of Pennsylvania. Still. There's hardly any young (even if you define young as 40 or 50) people in, frankly, either party.
Killed a rival gang member? That's one thing. Improperly sent thousands of children to prison under color of authority, jeopardizing the legitimacy of the justice system in the process? I think that's one of those things that should be a hanging offense.
For cases like this a corporation or government body should not be allowed to be an abstraction. The right thing to do is not go after corporations but individuals. It’s unfortunate we don’t do this and I think we should.
You could be kidnapped to a foreign torture prison and your head shaved by the federal government.
Just because you have a tattoo they insist is gang related but is actually just a disability symbol.
No hearing, no representation, just disappeared into another country you have no association with.
Those 250 people they sold to that infamous El Salvador prison? Yeah they've been going through them and they keep finding people that had no gang association.
It appears the owners are cooperating with the FBI and the org plead out.
https://beverlypress.com/2022/03/beverly-hills-private-vault...
The original district court ruling upheld the FBI's proceures and it wasn't until 2024 that the 9th Ciruit reversed (some) of that ruling.
https://www.foxnews.com/us/judge-sides-with-fbi-in-86m-bever...
https://caselaw.findlaw.com/court/us-9th-circuit/115736960.h...
USPV may have been a criminal organization, but if you enter into a contract with such a group, typically you wouldn't know it's a criminal organization.
I guess you could call up the FBI and say, "Hey I'm going to open a safe deposit box account with USPV. Are you guys actively investigating them?" And if you do that, they will probably not answer you if there is an ongoing criminal investigation.
The original warrant stated that it was for "inventorying" the contents for the purposes of an investigation (preserving evidence). They grossly exceeded the scope fo the warrant and now have to deal with 17 lawsuits if I remember correctly.
I abhor civil asset forfeiture as it is set up today. I remember all the fights over it in 1980s over the drug lords, but it had a lot of public support back then and it still does to some extent.
Personal anecdote: I almost had several thousand in cash seized on I-70 in Ohio. It's legal but grey and it happens. Good luck getting your cash back. Only thing that saved my money (actually my grandfathers estate... I was selling his vintage stereo gear in Kentucky) was me being white, not sketchy, and being active military. But only barely. There may or may not been a $100 that got miscounted.
If only such a system existed.
But wouldn't it be nice to have a choice?