Tag Archives: wrongly accused

Civil Forfeiture, or Why Keeping Cash in a Shoebox is Good Idea

The Growing Problem of Civil Forfeiture Abuse

Spirit Lake, Iowa:  Mrs. Lady’s Mexican Food has been owned and operated for 38 years by Carole Hinders.  Carole has always preferred to accept only cash payments, so frequent bank deposits were necessary in order to keep from having too much cash on hand at her restaurant.   One day in August 2013, the IRS unexpectedly seized her entire bank account, totaling just shy of $33,000.  It was a clear-cut case of civil forfeiture abuse.  Read more about it at Breitbart.

Long Island, New York:  Bi-County Distributors has been owned by brothers Mitch and Richard Hirsch for 27 years. Their business distributes candy and snacks and other small food items to a number of convenience stores in their area.  Many of their clients pay cash on delivery, so that means that they need to make frequent bank deposits for their own safety.  Then one day in May, 2012, federal agents seized their entire business bank account, which contained a balance of around $446,000.  The federal abuse of civil forfeiture laws was once again the root cause of the near ruination of yet another successful and legitimate family business.

 Abusive Federal Authority Again

Those are just two of numerous examples of a growing form of abuse of federal authority.  These two cases involved the confiscation of cash assets. Numerous other cases involve the confiscation of property in all forms.

If the term Civil Forfeiture means nothing to you yet, you had better start learning about it fast, especially if you operate business which accepts a significant amount of payment in cash.  The IRS is on a mission to find any excuse they can to literally rob you of your hard earned money.

What is Civil Forfeiture?

Civil forfeiture is the act of government confiscation of your property with no accountability whatsoever on their part.  All that’s necessary to trigger it is someone in a law enforcement agency who claims suspicion of a victim’s criminal involvement.  Your property can be taken without you even being charged with any crime.  Depending on conditions of the situation, your vehicle, your home, or all of the cash from your bank accounts could be taken.

Worse yet, because you have not been charged with a crime, civil forfeiture leaves you without the legal protection you would have enjoyed if you really were a criminal!  Neither do any rules exist to control what the confiscating law enforcement agencies may do with the stolen, er, I mean, confiscated property.

One might reasonably expect your confiscated property to go into some kind of protected escrow status. But in fact, in 42 states, confiscating agencies simply keep what they have confiscated and use it as their own.  No law regulates them. It makes no difference if it is cash, vehicles, real estate, or anything else.

Such a rule of law, if it can be called that, provides law enforcement agencies with an incentive to falsely seize as much property as they possibly can.  And they do!

 On what basis are bank account assets seized?

Federal law now requires that banks notify federal agencies whenever a cash sum totaling over $10,000 is made into any bank account.  Such reporting is designed to tip off authorities to the possibility of illegal business acivity.  The war on drugs has contributed to the motivation for such law and invasion of privacy.  As invasive as that law is on personal business, did you know that your deposits may be under continual scrutiny by the IRS, whether or not you make deposits over $10k?

If you happen to have a business which generates a lot of income on a cash basis, you can be accused of “structuring” your deposits by consistently keeping them under $10k.  There do not seem to be any guidelines for federal agents to use to define what constitutes “structuring”.  If you make a series of large deposits of less than $10k, you might be accused of “structuring” your deposits to avoid IRS scrutiny.

In the act of IRS monitoring of your perfectly legal activity of depositing cash sums of several thousand dollars, you have already been scrutinized.  In fact it seems perfectly logical that if you were already aware of the $10k trigger value, you might very well for your own good be attempting to structure your deposits to avoid being targeted as a possible illegal operation.  Who wouldn’t want to avoid being targeted as an illegal operation, especially if you are really 100% legitimate?

Property owners who find themselves caught up in the forfeiture abuse system often spend weeks, months, sometimes years, without having an opportunity to appear before a judge. Too many victims are compelled to simply give up.  They never did anything wrong, but it’s just too pointless and too expensive to continue fighting.
In one well documented analysis of federal civil forfeiture cases, it has been shown that 80 percent of those whose property the federal government seized were not charged with any crime.  This is no better than legalized theft!

Make the federal government accountable, and stop the war on drugs

In order to stop the abuse of civil forfeiture, we clearly have two choices. The practice of civil forfeiture must either be totally abolished, or it must be carried out with accountability.

This abuse of property rights could easily be reduced by 80% by making the legitimate criminal arrest of every victim a prerequisite to property seizure.

“Legitimate” is a key word, and that’s why I lean towards its total abolition. Most cases of legally valid civil forfeiture revolve around illegal and victimless drug crimes.  The legalization of drugs would result in the elimination of a vast part of the underground syndicate. Grounds would then no longer exist to prosecute the greater portion of the remaining 20% of civil forfeiture cases.

Then the federal government  wouldn’t even need to take property away from people anymore, would it?  Or did they ever really need to? Liberty makes life so much simpler.

 

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Terry Holcomb Sr. Goes to Jail for Defending Liberty For YOU!

Terry Holcomb Sr. Stands Up for Himself  (and other Constitutional Commentary)

Take a good listen to the details of this event. The actions of this judge are despicable. Here is KrisAnne Hall’s plea for you to listen to this broadcast and take action:

“What is Liberty worth to you? To Terry Holcomb, Sr. it is worth going to jail. Mr. Holcomb refused to allow his voice to be silenced by tyrannical government and that tyrannical government put him in jail. He stood his ground peacefully, while others watched on in submission to tyranny. Mr. Holcomb defended Liberty for YOU and YOUR CHILDREN. Will YOU stand with him NOW?”

Just three days ago, a judge in a Texas county decided to adjourn a meeting which was held for the purpose of hearing public redress of an issue to which there was public opposition.

The County didn’t want to hear any opposition. So what did the judge do? He adjourned the meeting before anyone had a chance to speak contrary to the intentions of the County……. and of course that was the designated reason for the meeting in the first place.

One man, Terry Honcomb, Sr.,  protested and demanded that he be allowed to speak. . Inspite of the fact that the meeting was already formally adjourned when Mr. Holcomb spoke up, he was arrested and jailed on a bogus charge because he had refused to be denied the opportunity to be heard.  Mr. Holcomb broke no law, and only stood up for his right to be hear and not to be run over by a judge’s abuse of authority.

 

—>  Listen to the audio commentary by KrisAnne Hall  here

 

Why there even is a Bill of Rights

Why would I take the position that the Constitution was written to protect the people against the unjust actions of a tyrannical government? Maybe it’s because the history of the activities of the Continental Congress in 1789 verifies that position. The Federalists actually argued against the creation of the Bill of Rights, but not because they disagreed with its proposed contents.

Alexander Hamilton, representing the Federalist point of view, argued against the creation of a Bill of Rights, and it was a hotly contested issue in the Constitutional debates.  His motivations for taking that position were also quite reasonable. Hamilton contended that as soon as you spell out a defined set of individual rights, those specific words would be used to rule in favor of the allowance or prohibition of anything that was not specifically spelled out in the Bill of Rights  as prohibited or allowed.  Hamilton was quite perceptive.

The Bill of Rights WAS created, and now we can see exactly that happening today. Liberals.  in their interpretation of the Bill of Rights, take exactly the same position that Hamilton feared would be taken.

For instance, in the modern  liberal view, you can outlaw certain kinds of weapons, because their allowance was not specifically spelled out when the Constitution was penned in 1789. After all, automatic rifles did not exist back then. Therefore, by their argument, we can outlaw them without ever infringing on the rights that existed in 1789.

Likewise, in the liberal view, we can define what comprises “the press” to exclude bloggers and Facebook particpants because the press was nothing more than newspapers back in 1789. The internet did not exist yet. Therefore, by their argument, bloggers and people who do not fit a government definition of “press” can be excluded from the freedom of press rights guaranteed in the Constitution.

Those are only two examples and both pf them typify exactly the kind of Constitutional abuse that Hamilton warned against. On the other hand, although that’s why Hamilton didn’t favor adopting a Bill of Rights, where would we be without it to lean on today? Hamilton lost that argument, and the Bill of Rights DOES exist. So now, we have this resulting interpretation debate to deal with, just as Hamilton predicted would happen.

What is the only logical answer to this Constitutional interpretation debate?

In my mind, original intent is the only argument behind which anyone can stand with any sort of logical validity. Original intent is easy enough to understand on the basis of the history that transpired in the debates of the Continental Congress, resulting in the penning of the final documents. If we can establish what the Framers intended, that is, what the absolute meaning behind their words was, that must certainly take precedence over any sort of opinion about it. Rulings about whatever the Constitution DIDN’T ever say, can logically be nothing but baseless and personally biased opinions. Such opinions are easy to spot, because they without exception walk on someone’s inalienable rights.


The narrator, KrisAnne Hall, in the piece linked above well explains the debate in 1789 over whether or not there even should have been a Bill of Rights included in the Constitution. If you really read and dig into history, you will learn that the party which believed that the purpose of the Constitution was to give the people power over potential tyrannical government, was the same party that WON the debate over the issue of whether or not there should even BE be an enumerated Bill of Rights. Because they won that argument, the Bill of Rights was created and ratified.

I have been told by liberal minded friends that I need to read the Constitution because I am supposedly misinterpreting it.

Well, I did. I carry a copy in my briefcase. I also read history, and I also considered the tyrannical actions of King George, who inspired the Colonists to revolt and to declare independence from his tyrannical government.

What I have not done, and which makes me incapable of Constitutional interpretation, according to one of my esteemed well meaning liberal friends, is to take a course from a liberal arts college law department which teaches students to interpret the Constitution in exactly the manner against which Alexander Hamilton warned it is not to be interpreted.

Be sure to listen to the audio and take action.

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Women Sue Over Public Body Cavity Searches | They Don’t Need a Reason to Molest You In Public

women sue over body cavity searches

Texas Department of “Justice” officers apparently don’t need a compelling reason to stick their hands down your pants or fingers in your private parts In full view of traffic beside the highway in broad daylight with cars full of random strangers zooming by.

If this sounds like possibly one of those urban legends that couldn’t have happened because it’s just too bizarre, ridiculous and over-the-top to have happened, then think again. It was all caught on the troopers dash-cam. And, actually, this wasn’t the first time that a body cavity search was done on two women with the same glove in Texas beside a busy highway. In that case it was due to suspicion of marijuana and none was found. This is obviously a flagrant disregard for constitutional rights, but it’s also bad policy that is going to cost taxpayers a bundle. It’s even more unnerving than forcing women to shake their bra out while lifting their shirt as reported recently.

So let’s get this straight… In the “land of the free”, if “they” say they found a small amount of marijuana (possibly dropped by your slacker brother or some acquaintance you gave a ride to the store or something), it’s a perfectly legitimate reason for someone with little to no medical training to use the same rubber glove to go in any and all orifices of your body at their discretion with no oversight from a superior or protocol (or sanitation)?

Uh… Sounds reasonable…

 

Women Sue Over Public Body Cavity Searches.

…And remember… “they hate us for our Freedom”…

BRAZORIA COUNTY, TX — Two women had the inside of their crotches (orifices)  searched on the side of the highway, thanks to the dutiful enforcement of tyrannical drug prohibition laws.

Officers pulled the women over for speeding on their way home from the beach. Of course, traffic stops are just the excuse a good enforcer needs to begin fishing for reasons to throw people in cages.

After finding a small amount of forbidden plants in the vehicle, officer Nathaniel Turner, wasn’t satisfied. He wanted more. The two women, dressed only in bikinis, were told they were going to get an internal body cavity search. He called a female trooper to search their genitalia for drugs on the side of Highway 288 in Brazoria County

“Are you serious,” Brandy Hamilton asked the trooper.

“If you hid something in there, we’re going to find it,” said the trooper.

“You’re going to go up my private parts?!” Hamilton said.

“Yes ma’am.”

The women say that the same glove was used to violate all of their orifices.

women sue over body cavity searches

Women Sue Over Body Cavity Searches Beside Highway In Daylight

There are truly no limits to the amount of terror and tyranny that are created by the fascist Drug War that plagues the country.

“These police officers are here to protect and serve,” said Hamilton. “They did not protect me at all. Not one of them, and it was three officers out there.”

Brandy Hamilton and Alexandria Randle are suing the officers involved.

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www.youtube.com/watch?v=gI6VHn5_7os

Read more: http://www.nydailynews.com/news/crime/texas-women-sue-humiliating-body-cavity-searches-roadside-article-1.1390230#ixzz2Y6wIDJOF

If you enjoy knowing what’s going on in the world, please defend the First Amendment that 41 Democrats and 1 Socialist in the senate have voted to repeal. 

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