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Voter News and Issues ~ Helpcom.net - Goochland County's use of federal civil asset forfeiture laws
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Goochland County's use of federal civil asset forfeiture laws
Posted on Monday, October 27 @ 08:28:57 MST by editor

Civil Rights federal civil asset forfeiture laws ~ bad conduct by Goochland County

Avoid Goochland and Lousia Counties

In Virginia

federal civil asset forfeiture laws

Are Lousia and Goochland Counties in Virginia Using these Programs to 

Boost their Coffers and not work to trim the fat off their payrolls? 

 We asked this question because of questionable conduct of their sheriff deputies 

And what appears their failure to have any evidence to support their acts

We can say this as the Attorney for the Commonwealth and the Sheriff for Goochland County have failed to produce any evidence that supports a recent action action by it sheriff deputies, in spite of their being required to have and produce such records under Virginia's Public Records Act and Freedom of information act. 

WE are not allowed to share any information at this time as there is an active case civil and possible criminal case being pursued via the Unalienable Rights Foundation, says Mike Bogacki of UARF.  But he says he will forward the preservation notice UARF sent to Goochland authorities with gives them knowledge and notice of pending actions as those are are public records.  We will make them available as soon as they are received.  

 

 

The Examiner says with HCN comments in [ ]s 

Lawmaker to AG Holder: Why so many cash and property seizures by cops?

A Republican lawmaker on Friday officially requested that outgoing Attorney General Eric H. Holder provide an number of documents and other data regarding the U.S. Justice Department’s role in tens of thousands seizures -- or assets forfeitures -- of cash and property that were taken with the blessing of President Barack Obama in recent years by state and local police under federal civil asset forfeiture laws.

Property seizures, a/k/a assets forfeiture, is a multi-billion dollar government enterprise that's grown under the Obama administration.
Courtesy of Americans for Constitutional Law

An official letter from Rep. F. James “Jim” Sensenbrenner, R-Wisconsin, the chairman of the House Judiciary subcommittee on crime, terrorism, homeland security and investigations, to the Attorney General is part of an inquiry into the alleged billions of dollars in seizures made through the Justice Department’s Equitable Sharing Program, which is the Justice Department's largest asset forfeiture initiative under President Obama. [being used to support Obama's social engineering programs  / the and follow the current African model of social justice.  What is called third world justice and Islamite justice programs are anti-white and anti-Christian]

“While we must ensure law enforcement is properly equipped, they should not be funded by slush funds accrued by violating Americans’ civil liberties,” Sensenbrenner said in his statement Friday. What is also disturbing to the GOP is that originally forfeitures were used when dealing with narcotics money and lab equipment, vehicles used to transport drugs and contraband, and other assets linked to crimes. Today it's being used during the "fishing expedition" investigations of legitimate businesses

Sensenbrenner specifically requested that Holder provide details about the current policies regarding the seizures as well as the standard of proof needed from law enforcement before the federal government “adopts” a state or local seizure into the Equitable Sharing Program. During the President Barack Obama years, what amounts to a "pick but don't pay" program has increased significantly. According to federal law, cash and property seizures are lawful when police say they believe the property in question is tied to a crime through a preponderance of the evidence. [Preponderance of evidence is a fact finder job via the court room not a affirmative action  hire program as it has become.  Judges are allowing it even though it is not legal because it means the slushy  pay checks the judges keeping coming with out the judges having to work for them doing their jobs, like deciding if there is  a preponderance of the evidence  that would allow a seizure].

According to a watchdog group's report, it appears that there are too many agencies and officials who've come to depend on assets forfeiture which has caused what can only be termed acceptable corruption. The nonprofit, public-interest group, Forfeiture Endangers American Rights Foundation (FEAR) reports that:

"Incredible as it sounds, civil asset forfeiture laws allow the government to seize property without charging anyone with a crime. Until FEAR achieved the nation's first major federal forfeiture law reform at the turn of the millennium, the government was allowed to keep whatever property it seized without ever having to prove a case. Seized property was presumed guilty and could be forfeited based upon mere hearsay—even a tip supplied by an informant who stood to gain up to 25% of the forfeited assets. Owners were forced into the untenable situation of trying to prove a negative—that something never happened, even though no proof of any illegal act had been offered at trial. Newspapers and television stories across the nation documented hundreds of cases of innocent citizens wrongfully deprived of their homes, businesses and livelihoods. Eighty percent of property forfeited to the US during the previous decade was seized from owners who were never even charged with a crime!"

"One of the complaints heard by police officers and law enforcement officials is that when someone is arrested, they are innocent until proven guilty. However, even before the trial the government confiscates cash and property that they claim are ill-gotten gains and therefore subject to seizure," said former police homicide and narcotics detective Benjamin Cardona.

In a Washington Post feature story in September, the newspaper spoke with a Florida police chief about the program: “Those laws were meant to take a guy out for selling $1 million in cocaine or who was trying to launder large amounts of money,” said Mark Overton, the police chief in Bal Harbour, Fla., who once oversaw a federal drug task force in South Florida. “It was never meant for a street cop to take a few thousand dollars from a driver by the side of the road.”

"That's why the federal government uses civil law rather than criminal law to make the seizures legal: criminal offenses require proof beyond reasonable doubt for conviction, but civil law only requires a preponderance of evidence, which is a lower standard," said the veteran detective.

Sensenbrenner said that he too questions the veracity of the program since he believes local authorities turn to the Justice Department’s program when their state's civil asset forfeiture laws are stricter than the federal statute. The Republican said that he's concerned over reports and complaints police and sheriff's departments have sometimes violated individual rights when the seize cash and property and then fail to file criminal charges­.

“The implications on civil liberties are dire,” he said in the letter to Holder. “The right to own property is a fundamental right implicitly recognized in the Fourth, Fifth and Fourteenth Amendments. I also believe that it is a human right.”

 


 
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