Cops Stole His House

When I was nine years old, I was one of the smallest students in my fourth-grade class. With my small size, not to mention my smart mouth, I attracted more than my share of elementary school bullies.

One day, two much larger boys stole my lunch box. I couldn’t fight them off, but noticed a few moments later that they were fighting each other over a handful of homemade chocolate chip cookies my mother had packed in the lunchbox. While they were distracted, I retrieved my lunchbox with everything but the cookies intact.

This incident came to mind when I learned a few days ago that the Department of Justice (DOJ) had ended payouts from its “asset forfeiture fund” (AFF) to state and local police agencies. This fund consists primarily of assets confiscated under America’s notorious network of civil forfeiture laws. To lose your assets through civil forfeiture, you don’t need to be found guilty of a crime, or even accused of one. All police need to seize your assets is a hunch that something you own might have been acquired illegally, or that might be used for an illegal purpose.

Keep in mind that until 1984, all assets forfeited by the feds were deposited with the US Treasury and not used to reward seizing agencies. But the sums of money raised through forfeiture are so vast that the DOJ’s decision to end equitable sharing set off an orgy of recriminations and outrage…not unlike bullies squaring off in the schoolyard over a handful of cookies.

The National Sherriff’s Association was one of the first organizations to weigh in against the new policy. It released a statement that it was:

“…shocked and disappointed by the [DOJ’s] decision to suspend the equitable sharing of Asset Forfeiture Program funds to state, local, and tribal law enforcement. This is yet another blow to those who work every day to prevent terrorism and crime in our communities… The protective capabilities of our nation are being downgraded at every level in never ending attacks on law enforcement.”

Right. Just like Chris Sourovelis was a criminal or a terrorist.

As I’ve pointed out before, the US is almost unique in the world with its civil forfeiture laws. Almost every other country equates the confiscation of property as punishment. And their laws require that a person who’s being punished should first be arrested, tried, and convicted of an actual crime.

But not the US. Here, civil forfeiture, in all its malodorous varieties, is an essential part of policing at every level of law enforcement—local, state, and federal.

In the end, the suspension of equitable sharing probably won’t make much of an impact. The DOJ is under immense pressure to resume it, although seizing agencies might not get back 80% of the loot they confiscate. And states can always amend their laws to make them more forfeiture friendly, so the cops can keep 100% of what they seize.

How can you prevent police “forfeiture squads” from confiscating your wealth? One of the strategies I learned as a nine-year-old was to stay away from schoolyard bullies. As an adult, I try to keep my property away from government bullies by keeping the largest portion of it offshore. With the civil forfeiture racket booming, I can’t think of a better reason for keeping it there.

Reprinted with permission from Nestmann.com.

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