The IRS Can Seize Your Money Based on a Hunch. This Bill Would Bring That to an End.

The Daily Signal ^ | June 8, 2017 | Neil Siefring

[Tolerance Sucks Rocks]

The federal government currently wields a tremendous amount of power over the citizens of the United States, far more than the Founders intended.

One manifestation of federal overreach is civil asset forfeiture. This practice allows the federal government to confiscate the wealth of its citizens upon the mere suspicion of wrongdoing.

The IRS, not content with expropriating the wealth of its citizens on April 15 every year, has now taken up the practice of seizing funds that have been involved in perfectly legal transactions on the basis of a hunch.

Thankfully, legislation in the House and the Senate has been introduced to bring this practice to a halt. Both chambers should act on the bills swiftly.

Under the Bank Secrecy Act, financial transactions of over $10,000 trigger bank reporting requirements. If there are multiple transactions of just under $10,000—by a business, for example—the IRS may become suspicious that there is nefarious activity occurring.

That suspicion can result in assets being seized from innocent Americans. As the House Committee on Ways and Means reported last year:

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[Red Badger]

Mark of the Beast..................

[Rurudyne]

There should be no asset forfeiture, or indeed any civil liability at all when the underlying issue is of a criminal nature, without an actual criminal conviction first.

We also need to get rid of all non-monetary damages inclusive of punitive damages and pain and suffering.

[baltimorepoet]

Maybe IRS agents should be seized based on a “hunch” that our Constitutional rights to “due process” are being violated.

[Texas Fossil]

Long overdue. Several States have already restricted police that use such seizures. Some states terribly abused this process with the blessing of the Fed Agencies.

[I want the USA back]

No additional laws are needed. This practice is already illegal. The individuals who carried it out have not been prosecuted, but should be.

[JimRed]

There should be no asset forfeiture, or indeed any civil liability at all when the underlying issue is of a criminal nature, without an actual criminal conviction first.

Yes. But the other side of that coin is that by the time a conviction is obtained (as the courts grind so slowly) there are no assets left to seize from the criminal.

[Rusty0604]

It’s about time.

[SandRat]

Bank Secrecy Act is something else,for Libs and Dems, to blame Republicans and Pres Nixon for.

[Rurudyne]

When laws are difficult to understand (and regulatory state pretty much guarantees that they are very hard to understand, especially the tax laws) defending yourself against them becomes costly.

[BuffaloJack]

Amentment 4:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Asset forfeiture on a hunch is Constitutionally ILLEGAL.

[JimRed]

When laws are difficult to understand (and regulatory state pretty much guarantees that they are very hard to understand, especially the tax laws) defending yourself against them becomes costly.

All that does is punish the innocent as much as the guilty. They may not convict you, but they'll bankrupt you. We need a system that prevents the crook from disposing of assets but does not bankrupt the innocent who is falsely charged. I'm fresh out of hot ideas on that score.

[sean327]

“Yes. But the other side of that coin is that by the time a conviction is obtained (as the courts grind so slowly) there are no assets left to seize from the criminal.”

That’s just too bad. Innocent until proven guilty. Until you convict the person he can do with his property as he wishes. The state has no right to anything until conviction. And even then it’s iffy.

[TBP]

Unfortunately, the IRS will find a way around it, and they’ll harass anyone who tries to stop them.

[Does so]

So how did The War on Drugs work out?

[Rurudyne]

I didn’t say I approved.

I’ve long said that any law that regular people cannot understand, that requires them to hire specialists to talk to other specialists, is a wellspring of abuses and tyranny.

As for “needing a system” ... if such a system cannot help but be a burden to the innocent then it should either should not exist at all or else require an actual conviction for actual crimes before it can come into play.

The courts don’t exist so the government, or even the people, can get their pound of flesh however they may. There should no more be civil forfeiture related to criminal activities without conviction than there should be things like “wrongful death” suits without conviction.

If that means some loot gets away, well, so be it.

Possibly the reason you’re “out of ideas” is because you want government to get at the bad guys however they may but haven’t admitted that doing so is flatly incompatible with overzealous government officials (corrupt ones too) not hurting the innocent.

As I’ve observed before: having civil forfeiture that doesn’t require conviction actually makes it not just more likely but more likely to be applied liberally. This is BECAUSE it can be used without the risks and hassles of going through a trial first. Under this system the owner must prove his innocence ... which is actually no easier or less costly than the government proving guilt (BRD) ... so a burden is imposed either way.

By changing things the way I suggest law enforcement cannot just assume that they’ll be able to take your stuff if they feel like it, they have to try to prove you’re guilty of something first, which is far from certain; and, where a corrupt official may be okay with taking Joe Smoe’s stuff just because he can he may not yet be to the point of wanting to send Joe Smoe to the klink for years just so he can do so.

Incidentally, such a move would go some of the way to making the laws easier to understand (you would have to actually be convicted of something bad before they can take your stuff, you HAVE to be given a form of due process that assumes innocence until conviction).

We, speaking generally, also need us some regulatory decapture. Far more than Trump has advanced. At Federal, State and Local levels.

Internationalism should be thrown on a bonfire and lit up.

[minnesota_bound]

The IRS wanted about $10,000 for the year 2014 from me as I sold some stock and they wonder about the money I invested in 2003...... I sent them paperwork showing I did not owe the money. They have not responded yet after saying they would in 30 to 60 days. That 60 was up end of February. I did received notice I owed money for 2015 which I knew I did from a stock sale so I paid it thru their site thru a 3rd party who says the IRS will respond back in 2 weeks.... That 2 weeks is up on Friday so will the IRS acknowledge my payment or will I be left wondering about my account being frozen etc?

I am not left wondering nor is the a seller of a product at a store when I pay so why is the IRS so slow at what they do?

Dear Customer,
Thank you for contacting us. The IRS should send you something in the mail within 2 weeks of the payment being made. If it has passed that time contact the IRS at 800-829-1040.

Thank you,
@valuepaymentsystems.com

[Mikey]

If the police actually upheld their sworn duty to protect and defend the constitution against ALL enemies both foreign and domestic, that wouldn't be an issue.

http://cspoa.org/

Oh, this side note goes to the snowflake libtard that complained about my use of the word BULLSh*T when describing a quote from the IRS. Are you that much of a PUS*Y that a word will make you cry so much?

This snowflake had my posting pulled because she/he/it was sooooooooooo offended. Had you left the posting I was in the middle of apologizing to your weakened sensibilities. waaaaaahhh

As I was stating, the curses in Scripture aren't the same as man-made curses.

Shal'aam Aleichem
AAPiY
Mikey

[Texas Fossil]

aleikhem shalom