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In light of the recent reporting by Gordon Brown on how they have ìseized and frozen the accounts of those suspected of connections with terrorismî and the discussion of giving police powers to ìmonitor large accounts with money being moved about by anyoneî, I have dug out something I wrote over a year ago and posted on my web-site.
I feel, with the current climate of suspicion and draconian control methods being discussed (ID cards?), this article has more of a worrying relevance than it did when I wrote it.
I know itís a long read, but please take the time to inform yourself of this recent law.
Enjoy (heavy irony)
------
"A Police dog scratched at your luggage, so we're confiscating your life savings and you'll never get them back"
In 1989,49-year old Ethel Hylton was stopped at Houston's Hobby Airport and told her she was under arrest because a drug dog had scratched at her luggage. Agents searched her bags and strip searched her, but they found no drugs. They did find $39,110 in cash, money she had received from an insurance settlement and her life savings; accumulated through over 20 years of work as a hotel housekeeper and hospital janitor. Ethel Hylton completely documented where she got the money and was never charged with a crime.
But the police kept her money anyway.
Nearly 10 years later she is still trying to get her money back.
Sounds like a nightmare from Kafka's "The Trial" doesn't it? Arrested for nothing and losing everything, never being told why.
Thank god it couldn't happen to you right?
Wrong.
To date, there are HUNDREDS OF THOUSANDS of Americans who have been victimised by Asset Forfeiture.
Under this law, everything you own can be taken away from you - Legally. There is nothing you can do about it either. You can have your accounts frozen and taken, your home can be taken and sold, if you have children, any accounts they have can also be taken from them/you.
This law charges the property with an offence, not an individual -Therefore it is a civil case, not a criminal one.
This means that, under law, you do not have the right to an attorney, due process of law or even the right to a trial.
To get a trial, you have to post a NON-REFUNDABLE bond of 10% of your property seized. You have to pay for attorneys yourself, and this money can also be seized if it is considered "tainted".
It can take years to fight; meanwhile you have no access to any of your money, a home or car.
The 1992 Omnibus Crime Bill extends asset forfeiture to political dissent. This means that, under this bill, if "Violence" occurs during political activity, the assets of the sponsoring organisation can be seized. Even before the bill had passed, cars belonging to Operation Rescue demonstrators were confiscated.
The incentive for government agencies to expand forfeiture is enormous. Agencies can easily seize property and they usually keep what they take.
According to the Pittsburgh Press, 80% of seizure victims are never even charged with a crime. Law enforcement groups often keep the best seized cars, watches, and Tvs for their departments and sell the rest.
Is this an isolated event? Unfortunately not.
The Washington Post, in April 1990, reported that the U.S Marshals service alone had an inventory of over $1.4 Billion in seized assets.
Federal and state agencies now seizing properties now include The FBI - DEA - U.S Marshals - Coastguard - IRS - Local Police - Highway Patrol - Dept. of Housing and Urban Development - FDA - Bureau of Land Management.
I hope this has shocked you into realising that something very, very wrong is occurring in your country today. And it is not just in The U$A, the UK and France have recently taken up the ideas of Asset Forfeiture.
This is one law that needs to be revoked entirely and immediately.
Below are further examples of Asset Forfeiture abuse and groups fighting this Draconian rule.
WASHINGTON DC -
Police stop black males on the streets in poor areas of the city, and " routinely confiscate small amounts of cash and jewellery". Most confiscated property is not even recorded by police departments. Resident Ben Davis calls it "robbery with a badge". ( USA TODAY 5/18/92)
IOWA
A woman accused of shoplifting a $25 sweater had her $18,000 car - specially equipped for her handicapped daughter - seized as the "getaway" vehicle. No charges were brought and she is still fighting the case. ( USA TODAY 5/18/92)
DETROIT
December 1988. Detroit Police raided a grocery store, but failed to find any drugs. After drug dogs reacted to three $1.00 bills in the cash register, the police seized $4,384 from the registers and store safe.
According to the Pittsburgh Press, over 92% of all cash in circulation in the US now shows some drug residue.
NEW JERSEY
April 1992. Dr. Joseph Disbrow was accused of practising psychiatry without a license. His crime was providing counselling from a spare bedroom in his mother's house.
Counselling does not require a license in New Jersey
Police seized over $60,000 worth of property from his mother's home. The forfeiture squad confiscated furniture, carpets, paintings and even personal photographs.
NEW JERSEY
Kathy & Mark Schrama were arrested just before Christmas 1990 at their home. Kathy was charged with taking $500 worth of UPS packages from neighbours porches. Mark was charged with receiving stolen goods. If found guilty, they might have paid a small fine and received probation.
The day after the arrest, their house, cars and furniture were seized. Based upon mere accusation, $150,000 in property was confiscated, without trial or indictment.
Police even took their clothing, eyeglasses and Christmas presents for their 10-year old son
THE CASE OF DONALD SCOTT
On October 2, 1992 in Malibu California, millionaire Donald Scott was shot to death inside his own home, during a raid by the Los Angeles Sheriff's Dept and agents from 5 federal law enforcement agencies.
The Scotts were awakened by the sound of the police breaking down their door. Scott's wife, Frances, ran downstairs to find her home swarming with men armed with machine guns and aiming at her.
She screamed "Don't shoot me..Don't kill me." Donald Scott, recovering from recent cataract surgery, got his gun and ran to the defence of his screaming wife.
When he emerged at the top of the stairs, holding his gun over his head, the officers told him to lower his weapon.
As he did they shot him to death.
T
he warrant was for evidence of the cultivation of marijuana, but absolutely no illegal activity was discovered at the Scott ranch.
The report of the Ventura County District Attorney, Michael Bradbury, concluded that the police lied to obtain the search warrant, that there had never been any marijuana cultivation on the property, and that the raid was motivated by a desire to forfeit the multi-million dollar ranch.
Despite the DA's dramatic conclusions, no officer was ever indicted or even lightly disciplined for the lies or the murder
Below is a transcript of the Scott's answering machine tape that recorded the officers' phone calls immediately after the killing.
First conversation : Deputy Joy Birch (JB) to "911"
JB: ........the door
911: 911 emergency, what are you reporting?
JB; ' kay, is this the Los Angeles County Sheriff's Department? Uh, we have a, uh, we have a gunshot victim here
911: Yeah, we got you on the air
JB: All right, somebody's in route?
911: Yeah, fire is on the way
JB: Thank you
Second conversation: Neighbour (N) to Deputy Gary Spencer (GS)
N: Hello, is this, uh, uh,..Donald?
GS: No, no, it's a friend of his. Who's this?
N: Is Donald there?
GS: Uh, he's busy, what's up?
N: OK, I just.......I'm just a neighbour, I just saw a police car go up, wanted to make sure everything is ok.
GS: Oh, OK
N: Everything alright?
GS: Uh, yeah, this is the Sheriff's Department
N: Oh OK.....Everything OK or what?
GS: Uh....we were serving a search warrant on the property here
N: Uh, OK, I was just checking out...
GS: Yeah....
N: ...and seeing if everything was alright
GS: Yeah, he didn't call us, we were serving a search warrant.
N: Ok...I'll talk to you later
GS: All right
N:Bye, bye.
Third conversation: Lt Richard Dewitt (RD) to Capt Larry Waldie (LW)
( Dial tone & dialling)
Recording: We're sorry, it is no longer necessary to dial a 1 or the area code when calling the number. Please hang up and dial again (Dial tone)
LW: Larry Waldie
RD: Uh, Captain...Dewitt here.
LW: Yeah!
RD: I'm on a search warrant with the Hidden Hills crew on this marijuana eradication thing
LW: Yes......
RD: And they just....uh...Looks like a 927D here
LW: At the location?
RD: Yeah
LW:A dead body's there?
RD: No....We put him down
LW: We killed him?
RD: Yeah
LW: Uh, where you at?
RD: Hold on a minute....Harry, do you have the address here?
Harry: Yeah,
?: Hold on I'll get it
RD: Apparently, what happened, they did their knock and notice for quite a while, came into the house..the guy was uh..walking out of the back of the house..he has some kind of revolver, I don't know what kind it is, he's holding in his hand....Told him to put it down...he kinda had it pointing up in the air originally....as he brought it down he was kinda pointing toward the deputy and I don't know which deputy it is right now....
?: That's it
(TAPE STOPS AT THIS POINT)
-----
Asset Forfeiture is one of the most illegally applied legislate actions that the USA has ever seen. But using the excuse of ìfighting drugsî, it is excused and over-looked in media-reporting.
Many counties have adopted the Asset Forfeiture laws, particularly Britain, where it is seen as an easy way to make money and to ìpunish wrong-doersî.
Except the onus is on the accused to prove innocence, unlike any other criminal prosecution where to falls to the prosecutor to prove your guilt.
Asset Forfeiture laws must be revoked in their entirety, as the abuse what little civil rights we as a nation have in the UK, and for the USA, it violates the basic tenements of the constitution.
I feel, with the current climate of suspicion and draconian control methods being discussed (ID cards?), this article has more of a worrying relevance than it did when I wrote it.
I know itís a long read, but please take the time to inform yourself of this recent law.
Enjoy (heavy irony)
------
"A Police dog scratched at your luggage, so we're confiscating your life savings and you'll never get them back"
In 1989,49-year old Ethel Hylton was stopped at Houston's Hobby Airport and told her she was under arrest because a drug dog had scratched at her luggage. Agents searched her bags and strip searched her, but they found no drugs. They did find $39,110 in cash, money she had received from an insurance settlement and her life savings; accumulated through over 20 years of work as a hotel housekeeper and hospital janitor. Ethel Hylton completely documented where she got the money and was never charged with a crime.
But the police kept her money anyway.
Nearly 10 years later she is still trying to get her money back.
Sounds like a nightmare from Kafka's "The Trial" doesn't it? Arrested for nothing and losing everything, never being told why.
Thank god it couldn't happen to you right?
Wrong.
To date, there are HUNDREDS OF THOUSANDS of Americans who have been victimised by Asset Forfeiture.
Under this law, everything you own can be taken away from you - Legally. There is nothing you can do about it either. You can have your accounts frozen and taken, your home can be taken and sold, if you have children, any accounts they have can also be taken from them/you.
This law charges the property with an offence, not an individual -Therefore it is a civil case, not a criminal one.
This means that, under law, you do not have the right to an attorney, due process of law or even the right to a trial.
To get a trial, you have to post a NON-REFUNDABLE bond of 10% of your property seized. You have to pay for attorneys yourself, and this money can also be seized if it is considered "tainted".
It can take years to fight; meanwhile you have no access to any of your money, a home or car.
The 1992 Omnibus Crime Bill extends asset forfeiture to political dissent. This means that, under this bill, if "Violence" occurs during political activity, the assets of the sponsoring organisation can be seized. Even before the bill had passed, cars belonging to Operation Rescue demonstrators were confiscated.
The incentive for government agencies to expand forfeiture is enormous. Agencies can easily seize property and they usually keep what they take.
According to the Pittsburgh Press, 80% of seizure victims are never even charged with a crime. Law enforcement groups often keep the best seized cars, watches, and Tvs for their departments and sell the rest.
Is this an isolated event? Unfortunately not.
The Washington Post, in April 1990, reported that the U.S Marshals service alone had an inventory of over $1.4 Billion in seized assets.
Federal and state agencies now seizing properties now include The FBI - DEA - U.S Marshals - Coastguard - IRS - Local Police - Highway Patrol - Dept. of Housing and Urban Development - FDA - Bureau of Land Management.
I hope this has shocked you into realising that something very, very wrong is occurring in your country today. And it is not just in The U$A, the UK and France have recently taken up the ideas of Asset Forfeiture.
This is one law that needs to be revoked entirely and immediately.
Below are further examples of Asset Forfeiture abuse and groups fighting this Draconian rule.
WASHINGTON DC -
Police stop black males on the streets in poor areas of the city, and " routinely confiscate small amounts of cash and jewellery". Most confiscated property is not even recorded by police departments. Resident Ben Davis calls it "robbery with a badge". ( USA TODAY 5/18/92)
IOWA
A woman accused of shoplifting a $25 sweater had her $18,000 car - specially equipped for her handicapped daughter - seized as the "getaway" vehicle. No charges were brought and she is still fighting the case. ( USA TODAY 5/18/92)
DETROIT
December 1988. Detroit Police raided a grocery store, but failed to find any drugs. After drug dogs reacted to three $1.00 bills in the cash register, the police seized $4,384 from the registers and store safe.
According to the Pittsburgh Press, over 92% of all cash in circulation in the US now shows some drug residue.
NEW JERSEY
April 1992. Dr. Joseph Disbrow was accused of practising psychiatry without a license. His crime was providing counselling from a spare bedroom in his mother's house.
Counselling does not require a license in New Jersey
Police seized over $60,000 worth of property from his mother's home. The forfeiture squad confiscated furniture, carpets, paintings and even personal photographs.
NEW JERSEY
Kathy & Mark Schrama were arrested just before Christmas 1990 at their home. Kathy was charged with taking $500 worth of UPS packages from neighbours porches. Mark was charged with receiving stolen goods. If found guilty, they might have paid a small fine and received probation.
The day after the arrest, their house, cars and furniture were seized. Based upon mere accusation, $150,000 in property was confiscated, without trial or indictment.
Police even took their clothing, eyeglasses and Christmas presents for their 10-year old son
THE CASE OF DONALD SCOTT
On October 2, 1992 in Malibu California, millionaire Donald Scott was shot to death inside his own home, during a raid by the Los Angeles Sheriff's Dept and agents from 5 federal law enforcement agencies.
The Scotts were awakened by the sound of the police breaking down their door. Scott's wife, Frances, ran downstairs to find her home swarming with men armed with machine guns and aiming at her.
She screamed "Don't shoot me..Don't kill me." Donald Scott, recovering from recent cataract surgery, got his gun and ran to the defence of his screaming wife.
When he emerged at the top of the stairs, holding his gun over his head, the officers told him to lower his weapon.
As he did they shot him to death.
T
he warrant was for evidence of the cultivation of marijuana, but absolutely no illegal activity was discovered at the Scott ranch.
The report of the Ventura County District Attorney, Michael Bradbury, concluded that the police lied to obtain the search warrant, that there had never been any marijuana cultivation on the property, and that the raid was motivated by a desire to forfeit the multi-million dollar ranch.
Despite the DA's dramatic conclusions, no officer was ever indicted or even lightly disciplined for the lies or the murder
Below is a transcript of the Scott's answering machine tape that recorded the officers' phone calls immediately after the killing.
First conversation : Deputy Joy Birch (JB) to "911"
JB: ........the door
911: 911 emergency, what are you reporting?
JB; ' kay, is this the Los Angeles County Sheriff's Department? Uh, we have a, uh, we have a gunshot victim here
911: Yeah, we got you on the air
JB: All right, somebody's in route?
911: Yeah, fire is on the way
JB: Thank you
Second conversation: Neighbour (N) to Deputy Gary Spencer (GS)
N: Hello, is this, uh, uh,..Donald?
GS: No, no, it's a friend of his. Who's this?
N: Is Donald there?
GS: Uh, he's busy, what's up?
N: OK, I just.......I'm just a neighbour, I just saw a police car go up, wanted to make sure everything is ok.
GS: Oh, OK
N: Everything alright?
GS: Uh, yeah, this is the Sheriff's Department
N: Oh OK.....Everything OK or what?
GS: Uh....we were serving a search warrant on the property here
N: Uh, OK, I was just checking out...
GS: Yeah....
N: ...and seeing if everything was alright
GS: Yeah, he didn't call us, we were serving a search warrant.
N: Ok...I'll talk to you later
GS: All right
N:Bye, bye.
Third conversation: Lt Richard Dewitt (RD) to Capt Larry Waldie (LW)
( Dial tone & dialling)
Recording: We're sorry, it is no longer necessary to dial a 1 or the area code when calling the number. Please hang up and dial again (Dial tone)
LW: Larry Waldie
RD: Uh, Captain...Dewitt here.
LW: Yeah!
RD: I'm on a search warrant with the Hidden Hills crew on this marijuana eradication thing
LW: Yes......
RD: And they just....uh...Looks like a 927D here
LW: At the location?
RD: Yeah
LW:A dead body's there?
RD: No....We put him down
LW: We killed him?
RD: Yeah
LW: Uh, where you at?
RD: Hold on a minute....Harry, do you have the address here?
Harry: Yeah,
?: Hold on I'll get it
RD: Apparently, what happened, they did their knock and notice for quite a while, came into the house..the guy was uh..walking out of the back of the house..he has some kind of revolver, I don't know what kind it is, he's holding in his hand....Told him to put it down...he kinda had it pointing up in the air originally....as he brought it down he was kinda pointing toward the deputy and I don't know which deputy it is right now....
?: That's it
(TAPE STOPS AT THIS POINT)
-----
Asset Forfeiture is one of the most illegally applied legislate actions that the USA has ever seen. But using the excuse of ìfighting drugsî, it is excused and over-looked in media-reporting.
Many counties have adopted the Asset Forfeiture laws, particularly Britain, where it is seen as an easy way to make money and to ìpunish wrong-doersî.
Except the onus is on the accused to prove innocence, unlike any other criminal prosecution where to falls to the prosecutor to prove your guilt.
Asset Forfeiture laws must be revoked in their entirety, as the abuse what little civil rights we as a nation have in the UK, and for the USA, it violates the basic tenements of the constitution.
I wondered how long before this started.
bbc.co.uk
---------
The UK government has announced new measures to freeze assets they suspect are being used by terrorist organisations.
The Treasury's Office of Foreign Assets Control has added 38 more names and organisations to its existing list.
The move is part of wider move by the Group of Seven leading nations to mirror the actions being taken in the US.
Governments around the world have been collaborating to freeze suspicious assets since the terrorist attacks against the US on 11 September.
Hiding behind honey
Three businesses in Yemen's honey industry, including Al-Hamali sweets bakeries and Al-Nur honey press shops, are listed.
It was reported on Thursday that Osama Bin Laden had been using a network of shops selling honey - a trade widespread in the Middle East - to raise money and smuggle contraband.
Five individuals - previously named by President George W Bush as "most wanted" terrorists - also appear on the list.
The addresses of six individuals on the list are given as London, with the others individuals said to be citizens of countries as diverse as Kenya, Tanzania, Kuwait, Lebanon, Pakistan and Egypt.
Some of the listed people have over twenty aliases and numerous dates of birth.
"The lifeblood of modern terrorism"
Bin Laden is known to have used charities, banks and informal financial networks to move money and operatives from country to country.
President George W Bush has called access to finance "the lifeblood of modern terrorism".
The British government says it has already frozen more than £63m of UK-based assets which have been linked to the Taleban regime in Afghanistan.
The crackdown in the UK is part of an international drive to choke off funding for alleged terrorist organisations
bbc.co.uk
---------
The UK government has announced new measures to freeze assets they suspect are being used by terrorist organisations.
The Treasury's Office of Foreign Assets Control has added 38 more names and organisations to its existing list.
The move is part of wider move by the Group of Seven leading nations to mirror the actions being taken in the US.
Governments around the world have been collaborating to freeze suspicious assets since the terrorist attacks against the US on 11 September.
Hiding behind honey
Three businesses in Yemen's honey industry, including Al-Hamali sweets bakeries and Al-Nur honey press shops, are listed.
It was reported on Thursday that Osama Bin Laden had been using a network of shops selling honey - a trade widespread in the Middle East - to raise money and smuggle contraband.
Five individuals - previously named by President George W Bush as "most wanted" terrorists - also appear on the list.
The addresses of six individuals on the list are given as London, with the others individuals said to be citizens of countries as diverse as Kenya, Tanzania, Kuwait, Lebanon, Pakistan and Egypt.
Some of the listed people have over twenty aliases and numerous dates of birth.
"The lifeblood of modern terrorism"
Bin Laden is known to have used charities, banks and informal financial networks to move money and operatives from country to country.
President George W Bush has called access to finance "the lifeblood of modern terrorism".
The British government says it has already frozen more than £63m of UK-based assets which have been linked to the Taleban regime in Afghanistan.
The crackdown in the UK is part of an international drive to choke off funding for alleged terrorist organisations
Nope.
The UK has embraced Asset Forfeiture with open arms, and there have been 83 recorded cases of unfair seizure in 2001 alone so far.
It's being applied to "Political dissension" and many of the people arrested at the Mayday protests have found their assets frozen pending investigation.
Gordon Brown is thumping his chest about using it to seize terrorist funds, but it doesn't seem to be happening.
The UK has embraced Asset Forfeiture with open arms, and there have been 83 recorded cases of unfair seizure in 2001 alone so far.
It's being applied to "Political dissension" and many of the people arrested at the Mayday protests have found their assets frozen pending investigation.
Gordon Brown is thumping his chest about using it to seize terrorist funds, but it doesn't seem to be happening.
I can barely believe this. It's an absurdly unfair application of the 'justice' system.
Has anything been done to stop it since you wrote the article?
Has anything been done to stop it since you wrote the article?
In light of the recent reporting by Gordon Brown on how they have ìseized and frozen the accounts of those suspected of connections with terrorismî and the discussion of giving police powers to ìmonitor large accounts with money being moved about by anyoneî, I have dug out something I wrote over a year ago and posted on my web-site.
I feel, with the current climate of suspicion and draconian control methods being discussed (ID cards?), this article has more of a worrying relevance than it did when I wrote it.
I know itís a long read, but please take the time to inform yourself of this recent law.
Enjoy (heavy irony)
------
"A Police dog scratched at your luggage, so we're confiscating your life savings and you'll never get them back"
In 1989,49-year old Ethel Hylton was stopped at Houston's Hobby Airport and told her she was under arrest because a drug dog had scratched at her luggage. Agents searched her bags and strip searched her, but they found no drugs. They did find $39,110 in cash, money she had received from an insurance settlement and her life savings; accumulated through over 20 years of work as a hotel housekeeper and hospital janitor. Ethel Hylton completely documented where she got the money and was never charged with a crime.
But the police kept her money anyway.
Nearly 10 years later she is still trying to get her money back.
Sounds like a nightmare from Kafka's "The Trial" doesn't it? Arrested for nothing and losing everything, never being told why.
Thank god it couldn't happen to you right?
Wrong.
To date, there are HUNDREDS OF THOUSANDS of Americans who have been victimised by Asset Forfeiture.
Under this law, everything you own can be taken away from you - Legally. There is nothing you can do about it either. You can have your accounts frozen and taken, your home can be taken and sold, if you have children, any accounts they have can also be taken from them/you.
This law charges the property with an offence, not an individual -Therefore it is a civil case, not a criminal one.
This means that, under law, you do not have the right to an attorney, due process of law or even the right to a trial.
To get a trial, you have to post a NON-REFUNDABLE bond of 10% of your property seized. You have to pay for attorneys yourself, and this money can also be seized if it is considered "tainted".
It can take years to fight; meanwhile you have no access to any of your money, a home or car.
The 1992 Omnibus Crime Bill extends asset forfeiture to political dissent. This means that, under this bill, if "Violence" occurs during political activity, the assets of the sponsoring organisation can be seized. Even before the bill had passed, cars belonging to Operation Rescue demonstrators were confiscated.
The incentive for government agencies to expand forfeiture is enormous. Agencies can easily seize property and they usually keep what they take.
According to the Pittsburgh Press, 80% of seizure victims are never even charged with a crime. Law enforcement groups often keep the best seized cars, watches, and Tvs for their departments and sell the rest.
Is this an isolated event? Unfortunately not.
The Washington Post, in April 1990, reported that the U.S Marshals service alone had an inventory of over $1.4 Billion in seized assets.
Federal and state agencies now seizing properties now include The FBI - DEA - U.S Marshals - Coastguard - IRS - Local Police - Highway Patrol - Dept. of Housing and Urban Development - FDA - Bureau of Land Management.
I hope this has shocked you into realising that something very, very wrong is occurring in your country today. And it is not just in The U$A, the UK and France have recently taken up the ideas of Asset Forfeiture.
This is one law that needs to be revoked entirely and immediately.
Below are further examples of Asset Forfeiture abuse and groups fighting this Draconian rule.
WASHINGTON DC -
Police stop black males on the streets in poor areas of the city, and " routinely confiscate small amounts of cash and jewellery". Most confiscated property is not even recorded by police departments. Resident Ben Davis calls it "robbery with a badge". ( USA TODAY 5/18/92)
IOWA
A woman accused of shoplifting a $25 sweater had her $18,000 car - specially equipped for her handicapped daughter - seized as the "getaway" vehicle. No charges were brought and she is still fighting the case. ( USA TODAY 5/18/92)
DETROIT
December 1988. Detroit Police raided a grocery store, but failed to find any drugs. After drug dogs reacted to three $1.00 bills in the cash register, the police seized $4,384 from the registers and store safe.
According to the Pittsburgh Press, over 92% of all cash in circulation in the US now shows some drug residue.
NEW JERSEY
April 1992. Dr. Joseph Disbrow was accused of practising psychiatry without a license. His crime was providing counselling from a spare bedroom in his mother's house.
Counselling does not require a license in New Jersey
Police seized over $60,000 worth of property from his mother's home. The forfeiture squad confiscated furniture, carpets, paintings and even personal photographs.
NEW JERSEY
Kathy & Mark Schrama were arrested just before Christmas 1990 at their home. Kathy was charged with taking $500 worth of UPS packages from neighbours porches. Mark was charged with receiving stolen goods. If found guilty, they might have paid a small fine and received probation.
The day after the arrest, their house, cars and furniture were seized. Based upon mere accusation, $150,000 in property was confiscated, without trial or indictment.
Police even took their clothing, eyeglasses and Christmas presents for their 10-year old son
THE CASE OF DONALD SCOTT
On October 2, 1992 in Malibu California, millionaire Donald Scott was shot to death inside his own home, during a raid by the Los Angeles Sheriff's Dept and agents from 5 federal law enforcement agencies.
The Scotts were awakened by the sound of the police breaking down their door. Scott's wife, Frances, ran downstairs to find her home swarming with men armed with machine guns and aiming at her.
She screamed "Don't shoot me..Don't kill me." Donald Scott, recovering from recent cataract surgery, got his gun and ran to the defence of his screaming wife.
When he emerged at the top of the stairs, holding his gun over his head, the officers told him to lower his weapon.
As he did they shot him to death.
T
he warrant was for evidence of the cultivation of marijuana, but absolutely no illegal activity was discovered at the Scott ranch.
The report of the Ventura County District Attorney, Michael Bradbury, concluded that the police lied to obtain the search warrant, that there had never been any marijuana cultivation on the property, and that the raid was motivated by a desire to forfeit the multi-million dollar ranch.
Despite the DA's dramatic conclusions, no officer was ever indicted or even lightly disciplined for the lies or the murder
Below is a transcript of the Scott's answering machine tape that recorded the officers' phone calls immediately after the killing.
First conversation : Deputy Joy Birch (JB) to "911"
JB: ........the door
911: 911 emergency, what are you reporting?
JB; ' kay, is this the Los Angeles County Sheriff's Department? Uh, we have a, uh, we have a gunshot victim here
911: Yeah, we got you on the air
JB: All right, somebody's in route?
911: Yeah, fire is on the way
JB: Thank you
Second conversation: Neighbour (N) to Deputy Gary Spencer (GS)
N: Hello, is this, uh, uh,..Donald?
GS: No, no, it's a friend of his. Who's this?
N: Is Donald there?
GS: Uh, he's busy, what's up?
N: OK, I just.......I'm just a neighbour, I just saw a police car go up, wanted to make sure everything is ok.
GS: Oh, OK
N: Everything alright?
GS: Uh, yeah, this is the Sheriff's Department
N: Oh OK.....Everything OK or what?
GS: Uh....we were serving a search warrant on the property here
N: Uh, OK, I was just checking out...
GS: Yeah....
N: ...and seeing if everything was alright
GS: Yeah, he didn't call us, we were serving a search warrant.
N: Ok...I'll talk to you later
GS: All right
N:Bye, bye.
Third conversation: Lt Richard Dewitt (RD) to Capt Larry Waldie (LW)
( Dial tone & dialling)
Recording: We're sorry, it is no longer necessary to dial a 1 or the area code when calling the number. Please hang up and dial again (Dial tone)
LW: Larry Waldie
RD: Uh, Captain...Dewitt here.
LW: Yeah!
RD: I'm on a search warrant with the Hidden Hills crew on this marijuana eradication thing
LW: Yes......
RD: And they just....uh...Looks like a 927D here
LW: At the location?
RD: Yeah
LW:A dead body's there?
RD: No....We put him down
LW: We killed him?
RD: Yeah
LW: Uh, where you at?
RD: Hold on a minute....Harry, do you have the address here?
Harry: Yeah,
?: Hold on I'll get it
RD: Apparently, what happened, they did their knock and notice for quite a while, came into the house..the guy was uh..walking out of the back of the house..he has some kind of revolver, I don't know what kind it is, he's holding in his hand....Told him to put it down...he kinda had it pointing up in the air originally....as he brought it down he was kinda pointing toward the deputy and I don't know which deputy it is right now....
?: That's it
(TAPE STOPS AT THIS POINT)
-----
Asset Forfeiture is one of the most illegally applied legislate actions that the USA has ever seen. But using the excuse of ìfighting drugsî, it is excused and over-looked in media-reporting.
Many counties have adopted the Asset Forfeiture laws, particularly Britain, where it is seen as an easy way to make money and to ìpunish wrong-doersî.
Except the onus is on the accused to prove innocence, unlike any other criminal prosecution where to falls to the prosecutor to prove your guilt.
Asset Forfeiture laws must be revoked in their entirety, as the abuse what little civil rights we as a nation have in the UK, and for the USA, it violates the basic tenements of the constitution.
I feel, with the current climate of suspicion and draconian control methods being discussed (ID cards?), this article has more of a worrying relevance than it did when I wrote it.
I know itís a long read, but please take the time to inform yourself of this recent law.
Enjoy (heavy irony)
------
"A Police dog scratched at your luggage, so we're confiscating your life savings and you'll never get them back"
In 1989,49-year old Ethel Hylton was stopped at Houston's Hobby Airport and told her she was under arrest because a drug dog had scratched at her luggage. Agents searched her bags and strip searched her, but they found no drugs. They did find $39,110 in cash, money she had received from an insurance settlement and her life savings; accumulated through over 20 years of work as a hotel housekeeper and hospital janitor. Ethel Hylton completely documented where she got the money and was never charged with a crime.
But the police kept her money anyway.
Nearly 10 years later she is still trying to get her money back.
Sounds like a nightmare from Kafka's "The Trial" doesn't it? Arrested for nothing and losing everything, never being told why.
Thank god it couldn't happen to you right?
Wrong.
To date, there are HUNDREDS OF THOUSANDS of Americans who have been victimised by Asset Forfeiture.
Under this law, everything you own can be taken away from you - Legally. There is nothing you can do about it either. You can have your accounts frozen and taken, your home can be taken and sold, if you have children, any accounts they have can also be taken from them/you.
This law charges the property with an offence, not an individual -Therefore it is a civil case, not a criminal one.
This means that, under law, you do not have the right to an attorney, due process of law or even the right to a trial.
To get a trial, you have to post a NON-REFUNDABLE bond of 10% of your property seized. You have to pay for attorneys yourself, and this money can also be seized if it is considered "tainted".
It can take years to fight; meanwhile you have no access to any of your money, a home or car.
The 1992 Omnibus Crime Bill extends asset forfeiture to political dissent. This means that, under this bill, if "Violence" occurs during political activity, the assets of the sponsoring organisation can be seized. Even before the bill had passed, cars belonging to Operation Rescue demonstrators were confiscated.
The incentive for government agencies to expand forfeiture is enormous. Agencies can easily seize property and they usually keep what they take.
According to the Pittsburgh Press, 80% of seizure victims are never even charged with a crime. Law enforcement groups often keep the best seized cars, watches, and Tvs for their departments and sell the rest.
Is this an isolated event? Unfortunately not.
The Washington Post, in April 1990, reported that the U.S Marshals service alone had an inventory of over $1.4 Billion in seized assets.
Federal and state agencies now seizing properties now include The FBI - DEA - U.S Marshals - Coastguard - IRS - Local Police - Highway Patrol - Dept. of Housing and Urban Development - FDA - Bureau of Land Management.
I hope this has shocked you into realising that something very, very wrong is occurring in your country today. And it is not just in The U$A, the UK and France have recently taken up the ideas of Asset Forfeiture.
This is one law that needs to be revoked entirely and immediately.
Below are further examples of Asset Forfeiture abuse and groups fighting this Draconian rule.
WASHINGTON DC -
Police stop black males on the streets in poor areas of the city, and " routinely confiscate small amounts of cash and jewellery". Most confiscated property is not even recorded by police departments. Resident Ben Davis calls it "robbery with a badge". ( USA TODAY 5/18/92)
IOWA
A woman accused of shoplifting a $25 sweater had her $18,000 car - specially equipped for her handicapped daughter - seized as the "getaway" vehicle. No charges were brought and she is still fighting the case. ( USA TODAY 5/18/92)
DETROIT
December 1988. Detroit Police raided a grocery store, but failed to find any drugs. After drug dogs reacted to three $1.00 bills in the cash register, the police seized $4,384 from the registers and store safe.
According to the Pittsburgh Press, over 92% of all cash in circulation in the US now shows some drug residue.
NEW JERSEY
April 1992. Dr. Joseph Disbrow was accused of practising psychiatry without a license. His crime was providing counselling from a spare bedroom in his mother's house.
Counselling does not require a license in New Jersey
Police seized over $60,000 worth of property from his mother's home. The forfeiture squad confiscated furniture, carpets, paintings and even personal photographs.
NEW JERSEY
Kathy & Mark Schrama were arrested just before Christmas 1990 at their home. Kathy was charged with taking $500 worth of UPS packages from neighbours porches. Mark was charged with receiving stolen goods. If found guilty, they might have paid a small fine and received probation.
The day after the arrest, their house, cars and furniture were seized. Based upon mere accusation, $150,000 in property was confiscated, without trial or indictment.
Police even took their clothing, eyeglasses and Christmas presents for their 10-year old son
THE CASE OF DONALD SCOTT
On October 2, 1992 in Malibu California, millionaire Donald Scott was shot to death inside his own home, during a raid by the Los Angeles Sheriff's Dept and agents from 5 federal law enforcement agencies.
The Scotts were awakened by the sound of the police breaking down their door. Scott's wife, Frances, ran downstairs to find her home swarming with men armed with machine guns and aiming at her.
She screamed "Don't shoot me..Don't kill me." Donald Scott, recovering from recent cataract surgery, got his gun and ran to the defence of his screaming wife.
When he emerged at the top of the stairs, holding his gun over his head, the officers told him to lower his weapon.
As he did they shot him to death.
T
he warrant was for evidence of the cultivation of marijuana, but absolutely no illegal activity was discovered at the Scott ranch.
The report of the Ventura County District Attorney, Michael Bradbury, concluded that the police lied to obtain the search warrant, that there had never been any marijuana cultivation on the property, and that the raid was motivated by a desire to forfeit the multi-million dollar ranch.
Despite the DA's dramatic conclusions, no officer was ever indicted or even lightly disciplined for the lies or the murder
Below is a transcript of the Scott's answering machine tape that recorded the officers' phone calls immediately after the killing.
First conversation : Deputy Joy Birch (JB) to "911"
JB: ........the door
911: 911 emergency, what are you reporting?
JB; ' kay, is this the Los Angeles County Sheriff's Department? Uh, we have a, uh, we have a gunshot victim here
911: Yeah, we got you on the air
JB: All right, somebody's in route?
911: Yeah, fire is on the way
JB: Thank you
Second conversation: Neighbour (N) to Deputy Gary Spencer (GS)
N: Hello, is this, uh, uh,..Donald?
GS: No, no, it's a friend of his. Who's this?
N: Is Donald there?
GS: Uh, he's busy, what's up?
N: OK, I just.......I'm just a neighbour, I just saw a police car go up, wanted to make sure everything is ok.
GS: Oh, OK
N: Everything alright?
GS: Uh, yeah, this is the Sheriff's Department
N: Oh OK.....Everything OK or what?
GS: Uh....we were serving a search warrant on the property here
N: Uh, OK, I was just checking out...
GS: Yeah....
N: ...and seeing if everything was alright
GS: Yeah, he didn't call us, we were serving a search warrant.
N: Ok...I'll talk to you later
GS: All right
N:Bye, bye.
Third conversation: Lt Richard Dewitt (RD) to Capt Larry Waldie (LW)
( Dial tone & dialling)
Recording: We're sorry, it is no longer necessary to dial a 1 or the area code when calling the number. Please hang up and dial again (Dial tone)
LW: Larry Waldie
RD: Uh, Captain...Dewitt here.
LW: Yeah!
RD: I'm on a search warrant with the Hidden Hills crew on this marijuana eradication thing
LW: Yes......
RD: And they just....uh...Looks like a 927D here
LW: At the location?
RD: Yeah
LW:A dead body's there?
RD: No....We put him down
LW: We killed him?
RD: Yeah
LW: Uh, where you at?
RD: Hold on a minute....Harry, do you have the address here?
Harry: Yeah,
?: Hold on I'll get it
RD: Apparently, what happened, they did their knock and notice for quite a while, came into the house..the guy was uh..walking out of the back of the house..he has some kind of revolver, I don't know what kind it is, he's holding in his hand....Told him to put it down...he kinda had it pointing up in the air originally....as he brought it down he was kinda pointing toward the deputy and I don't know which deputy it is right now....
?: That's it
(TAPE STOPS AT THIS POINT)
-----
Asset Forfeiture is one of the most illegally applied legislate actions that the USA has ever seen. But using the excuse of ìfighting drugsî, it is excused and over-looked in media-reporting.
Many counties have adopted the Asset Forfeiture laws, particularly Britain, where it is seen as an easy way to make money and to ìpunish wrong-doersî.
Except the onus is on the accused to prove innocence, unlike any other criminal prosecution where to falls to the prosecutor to prove your guilt.
Asset Forfeiture laws must be revoked in their entirety, as the abuse what little civil rights we as a nation have in the UK, and for the USA, it violates the basic tenements of the constitution.