Civil Forfeiture:
The federal government has broad civil forfeiture rights. These rights are often abused by the government, but should be used by the Feds to do something productive.
The federal government has broad civil forfeiture rights. These rights are often abused by the government, but should be used by the Feds to do something productive.
- They are efficient - the government doesn't have to get a criminal conviction to seize your property, they can bring charges against the property. The property has no constitutional protections. If the government can show probable cause that the property was acquired through fraud, that is enough to seize it. Once the government has possession of it, the only way to get it back is to sue the government. If it turns out they took it illegally, you have a claim with the Federal Court of Claims, not to get your property back, but to get just compensation for the taking of your property.
- The rights are there - there is a special unit in the Department of Treasury that this is the only thing that they do.
- The capabilities are there - the DOT unit that does this uses it all the time to seize property from drug dealers, and the mom's and uncle's and cousins of drug dealers who got wealthy from their family member's illegal activities. Time to turn that attention somewhere else.
- The people pulling off this fraud aren't criminal masterminds. Their learing on how to do this didn't come from MIT. They likely left the door wide open on how to trace the funds.
- The recovery could be very significant, on the order of $billions.
- It would likely be supported by most of the US. No one is going to listen to the dingbats that are saying it isn't fair that Somolians are getting their ill-gotten assets stolen from them.
- After the Somoli fraud, time to start looking at NGOs. Will be a tightrope, because I am sure that people from both sides of the isle are guilty. But, once you start rolling down that road, it will be tough to stop.