Forfeiture in the News

[Sandpebble]

US citizens not involved in smuggling, drug trafficking, other crimes involving foreign travel??? They get a pass on suspicious activity? No, if that's your point, I don't get it.

Of many points to make the big one is..... A U.S. citizen has his property taken..... seven months without a charge.... SEVEN Months. ....

I'd say make a charge or give back the property in a reasonable amount of time ... 7 months is reasonable?

[JB White]

The feds can wait 12 months to indict, however I do agree with you.

[bruce]

I have on occasion carried large amounts of cash. A few years ago, I paid off all the college loans for my daughters. Rolled a wheel barrow down the sidewalk full of mason jars filled with coins and cash. Lady at the bank brought me coffee and we waited while they counted it all. I'd been saving it for a long time, since the girls were little. They told me I'd best deposit it all in batches since otherwise it'd have to be reported to the govt. So, deposited some and put the rest in the safe deposit box. Two days later ... all was deposited. Then, the loans were all paid off. Guess is Barney Fife had pulled over and found me rolling that wheel barrow full of cash down the sidewalk, he'd have had the "right" to impound my cash? And I'd be expected to wait how long before it was returned to me? Personally I don't give a flip what can or cannot be done to some dope who gets caught selling dope. If the law can't prove the money came from illegal operations, tough. But, I've got a really big problem with the idea that any policeman or anyone else can take someone's money and hold it till they are satisfied that the cash was obtained legitimately, etc. That is not law enforcement. That is theft under color of law plain and simple. No other way to explain it. JMHO. Sincerely. bruce.

[clintonhater]

I have on occasion carried large amounts of cash. A few years ago, I paid off all the college loans for my daughters. Rolled a wheel barrow down the sidewalk full of mason jars filled with coins and cash. Lady at the bank brought me coffee and we waited while they counted it all. I'd been saving it for a long time, since the girls were little. They told me I'd best deposit it all in batches since otherwise it'd have to be reported to the govt. So, deposited some and put the rest in the safe deposit box. Two days later ... all was deposited. Then, the loans were all paid off. Guess is Barney Fife had pulled over and found me rolling that wheel barrow full of cash down the sidewalk, he'd have had the "right" to impound my cash?

You really think that is analogous to entering the country from a foreign country? A foreign country with one of the highest rates of organized crime in the WORLD? Where money laundering is a mainstay of the criminal economy? https://en.wikipedia.org/wiki/Albanian_mafia

Guess you don't think customs officials have the right to search passengers' baggage or clothes either? Open borders is what you'd like to see?

[Vern Humphrey]

This guy wasn't singled out for special abuse--drug traffickers & others smuggling money in or out of the country is a daily occurrence at every major port of entry--

A man who is SUSPECTED of a crime is entitled to a trial. You have to PROVE to a jury that a man committed a crime before you can punish him.

[clintonhater]

A man who is SUSPECTED of a crime is entitled to a trial. You have to PROVE to a jury that a man committed a crime before you can punish him.

You totally ignore the facts in this case: man who can't or won't answer questions arrives with large amount of cash from country notorious for organized crime. Like I said before, the border agent who'd let this pass would be guilty of dereliction of his duty.

[togor]

You totally ignore the facts in this case: man who can't or won't answer questions arrives with large amount of cash from country notorious for organized crime. Like I said before, the border agent who'd let this pass would be guilty of dereliction of his duty.

Uhh....facts in this case are that they took his money from him at the TSA screening in Cleveland, at the start of his OUTBOUND trip to Albania. His first leg was to New Jersey. The government thought they had an easy score, simple as that.

[bruce]

Uhh....facts in this case are that they took his money from him at the TSA screening in Cleveland, at the start of his OUTBOUND trip to Albania. His first leg was to New Jersey. The government thought they had an easy score, simple as that.

Precisely correct. This law is supposedly to allow govt. to attack drug criminals. But, used against non-criminals simply b/c it can be used to take their money. Barney Fife law enforcement ... guaranteed to cause the general public to have no confidence in law enforcement. Sincerely. bruce.

[bostonbound]

You totally ignore the facts in this case: man who can't or won't answer questions arrives with large amount of cash from country notorious for organized crime. Like I said before, the border agent who'd let this pass would be guilty of dereliction of his duty.

Did you even read the story? You are 100% backwards on everything.

1. clintonhater: He was entering the country.
Truth: He was going from an inland port to a place of departure from the US.

2. clintonhater: He didn’t declare the money to Customs.
Truth: He declares the money at the point of departure From the US, which is the law. There is no law about declaring money for internal US travel.

3. clintonhater: He is a Muslim, therefore a terrorist and a defacto criminal.
Truth: Religion not mentioned in article.

4. clintonhater: He is a non-US citizen, and has no rights in the US.
Truth: He is a naturalized US citizen, with a US passport. Even non-US citizens here legally have most rights of US citizens.

5. clintonhater: Having the money proves he is a drug dealer or other criminal. The lack of an indictment has no meaning. He is guilty because the Feds took his money.
Truth: a. $58,000 May be a large sum to you, but it is chump change to a drug dealer.
b. Indictments usually require a lesser degree of proof than charges. However, both require proof paid before a jury. Or are you saying all of the police officers who shot people and were not indicted are therefore guilty?
c. The Feds are required to return the money after six (6, not 7 or 12) months if they cannot bring an indictment or show just cause. They failed to prove their case, and say that they don’t have too. This is tyranny!

clintonhater: Your screen name.
Truth: Yes, you are full of hate, but for American values and right. Seems to me that you and the Clinton’s would get along just fine.

You have decided that you favor not the rule of law, but the rule of force. The Second Amendment was designed to protect Americans from people like you, should you ever become part of our oppressive and overreaching government.

[Vern Humphrey]

You totally ignore the facts in this case: man who can't or won't answer questions arrives with large amount of cash from country notorious for organized crime. Like I said before, the border agent who'd let this pass would be guilty of dereliction of his duty.

The FACT is the 5th Amendment to the Constitution says:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. "

If we suspect him of a crime, we have to give him a TRIAL. Only after he is convicted can we punish him by taking his money.

[JB White]

c. The Feds are required to return the money after six (6, not 7 or 12) months if they cannot bring an indictment or show just cause. They failed to prove their case, and say that they don’t have too. This is tyranny!

I think you might be on to something I overlooked. I know someone who was in trouble a few years back. (guilt by association IMHO). His attorney petitioned and his property was returned at around 6 months IIRC. Nearly 6 months later, on day 364 is when they indicted. Put him through a lot of hell for a sentence of only a little bit of supervision.