148 Comments

I miss Terry Pratchett so much.

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(f)Warrant of seizureThe Government may request the issuance of a warrant authorizing the seizure of property subject to forfeiture under this section in the same manner as provided for a search warrant. If the court determines that there is probable cause to believe that the property to be seized would, in the event of conviction, be subject to forfeiture and that an order under subsection (e) may not be sufficient to assure the availability of the property for forfeiture, the court shall issue a warrant authorizing the seizure of such property.

(g)ExecutionUpon entry of an order of forfeiture under this section, the court shall authorize the Attorney General to seize all property ordered forfeited upon such terms and conditions as the court shall deem proper. Following entry of an order declaring the property forfeited, the court may, upon application of the United States, enter such appropriate restraining orders or injunctions, require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees, or take any other action to protect the interest of the United States in the property ordered forfeited. Any income accruing to or derived from property ordered forfeited under this section may be used to offset ordinary and necessary expenses to the property which are required by law, or which are necessary to protect the interests of the United States or third parties.

(h)Disposition of propertyFollowing the seizure of property ordered forfeited under this section, the Attorney General shall direct the disposition of the property by sale or any other commercially feasible means, making due provision for the rights of any innocent persons. Any property right or interest not exercisable by, or transferable for value to, the United States shall expire and shall not revert to the defendant, nor shall the defendant or any person acting in concert with him or on his behalf be eligible to purchase forfeited property at any sale held by the United States. Upon application of a person, other than the defendant or a person acting in concert with him or on his behalf, the court may restrain or stay the sale or disposition of the property pending the conclusion of any appeal of the criminal case giving rise to the forfeiture, if the applicant demonstrates that proceeding with the sale or disposition of the property will result in irreparable injury, harm, or loss to him.

(i)Authority of the Attorney GeneralWith respect to property ordered forfeited under this section, the Attorney General is authorized to—(1)grant petitions for mitigation or remission of forfeiture, restore forfeited property to victims of a violation of this subchapter, or take any other action to protect the rights of innocent persons which is in the interest of justice and which is not inconsistent with the provisions of this section;(2)compromise claims arising under this section;(3)award compensation to persons providing information resulting in a forfeiture under this section;(4)direct the disposition by the United States, in accordance with the provisions of section 881(e) of this title, of all property ordered forfeited under this section by public sale or any other commercially feasible means, making due provision for the rights of innocent persons; and(5)take appropriate measures necessary to safeguard and maintain property ordered forfeited under this section pending its disposition.

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Why the fuck not take a shot at civil forfeiture of all the Trump crime family assets?

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So her argument is with the AG who directed the disposition.

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A huge part of the problem is cultural. Too many people LOVE to see someone else get persecuted and punished.

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It's easier with people who don't have lawyers all the time.

But this only applies in cases where drug sales are alleged.

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Cops will lie, cheat, steal, and cover up for each other. People talk about the "bad apples" in law enforcement, but I think it's the "good apples" that are few and far between.

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Trucky-trailer is the funniest part!

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The problem is that we made it too easy under title 21 of the drug enforcement act to seize somebody's property and direct the disposition of the property seized without even bothering to obtain a conviction.

This was deliberate: to make it easier to exact costs on cartel members and kingpins.

The fact that it is applied to everybody is a side-effect.

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Since the $8K bought a lot of donuts, the money will never be returned.

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In other words, being a crime suspect while black.

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The good apples are strangled and fired as soon as the barrel of rotten pigs sniffs them out.

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Say police: "what money? Already spent, sorry!"

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It's theft, any way you slice it. Sickening.

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They really believe that "thin blue line" crap, that if they weren't there holding back the barbarians that civilization would descend to a Mad Max culture. The Tacoma PD even has that stupid poem printed on blue tile, arranged in a long narrow line across the patio outside their headquarters, just in case we forget that it's us against them.

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Yikes.

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