-Caveat Lector- House Votes on Property Seizures By CASSANDRA BURRELL .c The Associated Press WASHINGTON (AP) - The House voted to curb the federal government's ability to seize private property - cash, securities, cars, boats and real estate - suspected of being linked to crime. Too many innocent citizens have been deprived of their possessions without due process, House Judiciary Committee Chairman Henry Hyde, R-Ill., said during debate on the House floor Thursday before the measure was approved, 375-48. No companion bill has been introduced in the Senate. Police have used civil asset forfeiture for such things as shutting down drug houses quickly by taking possession of them or hitting drug traffickers in the wallet even before charges are filed. On Thursday, both Republicans and Democrats criticized current federal law, which lets officers seize property simply because they suspect it was involved in wrongdoing. ``They don't have to convict you. They don't even have to charge you with a crime. But they have your property,'' Hyde said. ``This is a throwback to the old Soviet Union, where justice is the justice of the government and the citizen doesn't have a chance.'' Added Democratic Rep. William Delahunt of Massachusetts: ``Think about that: Eighty percent of those whose property are seized are never even charged with a crime.'' Asset forfeiture is a powerful anti-crime tool, but it also can be an opportunity for abuse, especially for law enforcement agencies hungry for money to supplement tight budgets, said supporters of the new limits. ``In many jurisdictions, it has become a monetary tail wagging the law enforcement dog,'' said Rep. Bob Barr, R-Ga. The bill passed by the House - introduced by Hyde and the Judiciary Committee's senior Democrat, Rep. John Conyers of Michigan - would require the federal government to prove with ``clear and convincing'' evidence the property was eligible for forfeiture if an owner files a legal challenge. The legislation would also: Require officers to prove criminality, not simply allege it. Current law requires property owners to prove they are not connected with the alleged crime. Require the government to give owners notice before seizing property. Owners would have 30 days - compared with the current 10 days - to challenge a seizure in court. Enable a judge to release property to the owner if continued government possession would pose a substantial hardship. Allow judges to appoint counsel for poor defendants. Let owners sue the government for negligence if their property is lost or damaged. Allow some owners of seized cash to receive interest if a judge orders the money returned. Apply only to civil asset forfeitures, not criminal ones, although civil forfeitures often are involved in criminal cases. It would not affect state forfeiture laws. In 1998, the federal government seized about $449 million worth of property through civil and criminal forfeitures. Some of the proceeds were sent to state and local law enforcement agencies that helped in investigations. The Clinton administration said the Hyde-Conyers bill ``would have a serious negative effect on the federal government's ability to combat drug trafficking, alien smuggling, terrorism, consumer fraud and many other criminal offenses.'' But the House rejected, 268-155, an alternative the administration favored. It would have let police seize property based on a lower standard of proof - a ``preponderance'' of the evidence rather than ``clear and convincing'' evidence. Opponents said it would have expanded the federal government's power to seize property, not curbed it. DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://home.ease.lsoft.com/archives/CTRL.html http:[EMAIL PROTECTED]/ ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
