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6 Comments
newtboysays...If you could just steal any cash you see from anyone with absolutely no repercussions ever, wouldn’t you?
Wouldn’t you start searching people for money you can take? You might even target a group of people you have a prejudice against to take their money and to make them afraid to ever carry money.
Asset seizure is proof positive that the police are nothing but a violent, aggressive criminal organization that uses deadly force to steal from and intimidate law abiding citizens. No crime or suspicion of crime is required, and they keep the money they seize (steal).
*quality example of police being criminal thieves by design. *promote
siftbotsays...Promoting this video and sending it back into the queue for one more try; last queued Wednesday, December 8th, 2021 12:39pm PST - promote requested by newtboy.
Boosting this quality contribution up in the Hot Listing - declared quality by newtboy.
bobknight33says...Guilty till you prove your innocence.
She needs to get the Action news guy to look into this
bobknight33says...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
newtboysays...Note, that’s just for federal forfeitures….and note no requirement to prove there was a crime, that the victim is guilty, or that assets are proceeds of criminal activity even federally. State and county laws are even worse, and rarely allow for attorney fees even when the government’s position was vexatious, frivolous, or in bad faith.
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
siftbotsays...Moving this video to dedstick's personal queue. It failed to receive enough votes to get sifted up to the front page within 2 days.
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