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Stealing Homes

newtboy says...

If this wasn’t Stossel, I might upvote, but because it is him, I’m feeling relatively certain that his eventual conclusion is faulty and many facts are just wrong. Remember, he’s the person who sued Facebook when he claimed the 2020 forest fires were primarily caused by forest mismanagement not climate change and Facebook labeled it “Missing Context. Independent fact-checkers say this information could mislead people.”

It’s a near certainty that salient facts are being hidden to make it seem local government is stealing houses over $8 bills. That is how Stossel “reports”. For instance, any loans, mortgages, judgements, fines, outstanding bills in collections, overdue taxes, the cost of seizure, the cost of the sale, the cost to bring the home into sellable condition, etc are all paid from the proceeds before the “owner” would have any claims….and the government gets to estimate the value at seizure and set the starting auction bid accordingly.

The IRS seizes homes around 300 times per year, most are worth less than the debt owed.

Asset forfeiture is wrong. It’s legalized theft. I wish I could trust the source enough to support this video.

News Fails to Ask WHY Police Seized $100K From Traveler

bobknight33 says...

from Asset Forfeiture
Policy Manual 2021


I. Guidelines for Planning for Seizure and Restraint
A. Background
The Department of Justice (Department) Asset Forfeiture Program (Program) encompasses the
seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate, federal
crimes. The Program has four primary goals:
(1) Punish and deter criminal activity by depriving criminals of property used in or acquired
through illegal activities.
(2) Promote and enhance cooperation among federal, state, local, tribal, and foreign law
enforcement agencies.
(3) Recover assets that may be used to compensate victims when authorized under federal law.
(4) Ensure that the Program is administered professionally, lawfully, and in a manner consistent
with sound public policy

II. Payment of Attorneys’ Fees in Criminal Forfeiture Cases
A. Defendant’s attorneys’ fees
The defendant in a criminal forfeiture action may file for an award of attorneys’ fees only under
the Hyde Amendment.4 A motion for fees and costs filed in a civil forfeiture case under 28 U.S.C.
§ 2465(b) cannot include fees and costs incurred in even a directly related criminal proceeding.5
To prevail on a Hyde Amendment claim, the defendant must prove that: (1) the defendant was the
prevailing party in the underlying action; (2) the government’s position was vexatious, frivolous, or in
bad faith; and (3) there are no special circumstances that would make the award unjust.6
This burden
is heavier than the one the government must meet under the Equal Access to Justice Act (EAJA

newtboy (Member Profile)

enoch (Member Profile)

radx says...

AlterNet has an interesting piece on the FBI's continuous efforts to convince Moslems to commit domestic acts of terrorism against Jews.

Between this, parallel construction and asset forfeiture, US law enforcement looks like a parody version. A parody I prefer to watch from a distance...

<><> (Blog Entry by blankfist)

Farhad2000 says...

>> ^blankfist:
Laws like these asset forfeiture laws are too easy to abuse, and there are many like them. We should rethink the amount of laws we have. The Constitution, Bill Of Rights and the Declaration of Independence can all fit in a small pamphlet, but all the laws on the books could fill library after library after library.


I think the problem is getting people to actually read them. There is a system of civil apathy when it comes to their own rights.

<><> (Blog Entry by blankfist)

blankfist says...

Laws like these asset forfeiture laws are too easy to abuse, and there are many like them. We should rethink the amount of laws we have. The Constitution, Bill Of Rights and the Declaration of Independence can all fit in a small pamphlet, but all the laws on the books could fill library after library after library.

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