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The Justice Department Didn't Charge Him With a Crime. It's Going to Take $39,000 from Him Anyway.
reason.com ^ | Aug. 6, 2018 | Scott Shackford

Posted on 08/08/2018 10:49:37 AM PDT by Forgotten Amendments

This wasn't supposed to happen. New Hampshire reformed its civil asset forfeiture laws in 2016 to require a criminal conviction before police or prosecutors could force people to forfeit money or property. Unfortunately, the state's reform did not close a loophole that lets local police partner with the feds in a program called Equitable Sharing. In this system, local police use the federal asset forfeiture program instead of their own and then the Justice Department distributes most of the forfeited money back to local law enforcement.

That's why the Department of Justice is involved here. The state police can't seize Phipps' money on their own. So they went to the feds to arrange the forfeiture, and then the Equitable Sharing program lets the Justice Department funnel the funds right back to local law enforcement. It's not money laundering when it's the government.

(Excerpt) Read more at reason.com ...


TOPICS: Crime/Corruption; Government
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This isn't even newsworthy anymore. Welcome to New East Germany!
1 posted on 08/08/2018 10:49:37 AM PDT by Forgotten Amendments
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To: Forgotten Amendments

This is exactly the kind of thing that makes people hate police.

Find out who, personally, who, signed off on this and SUE that guy. Thereafter if that thief in uniform has a series of financial misfortunes I wouldn’t lose any sleep over it.


2 posted on 08/08/2018 10:57:35 AM PDT by Malsua
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To: Forgotten Amendments

No matter what the laws say, this is a violation of Due Process and against the Constitution of the US.


3 posted on 08/08/2018 10:57:55 AM PDT by Mariner (War Criminal #18)
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To: Malsua

And hate the government.


4 posted on 08/08/2018 11:05:16 AM PDT by metmom ( ...fixing our eyes on Jesus, the Author and Perfecter of our faith......)
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To: Forgotten Amendments
From what I've seen, this is pretty much what happens in every state that reforms its asset forfeiture laws. The local government thieves in blue call in the ferals, and they split the loot.

I cannot say what I think should happen to these cretins on FR without being banned.

5 posted on 08/08/2018 11:07:19 AM PDT by zeugma (Power without accountability is fertilizer for tyranny.)
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To: Forgotten Amendments

Question. Why is he not fighting this? There must be something they’re not telling us or something he’s hiding. If it were me, I’d be going for broke. Literally


6 posted on 08/08/2018 11:07:47 AM PDT by lucky american (Progressives are attac Iking our rights and y'all will sit there and take it.)
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To: Forgotten Amendments

Hey everyone. Sessions has made another appearance.


7 posted on 08/08/2018 11:12:40 AM PDT by pas
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To: Forgotten Amendments

“I see dead people”


8 posted on 08/08/2018 11:15:10 AM PDT by G Larry (There is no great virtue in bargaining with the Devil)
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To: lucky american
Question. Why is he not fighting this? There must be something they’re not telling us or something he’s hiding. If it were me, I’d be going for broke. Literally

I don't think you've talked to a lawyer lately. They absolutely do not want a case that is only worth $39,000. If they can't see real money involved, it just isn't worth the time. You're fighting government lawyers who can eat you up with paperwork and depositions. Even if a lawyer got half the compensation it might 3 or 4 years down the road and too much aggravation.

9 posted on 08/08/2018 11:27:27 AM PDT by Bearshouse
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To: pas

“New Hampshire reformed its civil asset forfeiture laws in 2016 to require a criminal conviction before police or prosecutors could force people to forfeit money or property. “
Hey, what a concept! Who was the heretic who came up with that idea? Sessions disapproves.


10 posted on 08/08/2018 11:35:39 AM PDT by Bonemaker (invictus maneo)
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To: Forgotten Amendments

So before the reform the government could seize your money and property without you being convicted, but after the reform they could seize your money and property without you being convicted. Now I see the difference.


11 posted on 08/08/2018 11:39:30 AM PDT by Bonemaker (invictus maneo)
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To: metmom

“So they went to the feds to arrange the forfeiture, and then the Equitable Sharing program lets the Justice Department funnel the funds right back to local law enforcement.”

Thieves splitting the proceeds. It’s the “legal” government version of mafia street tax. At least the mafia just took a small portion but didn’t put people out of business. These are the American “values” democrats lecture us on.


12 posted on 08/08/2018 11:45:42 AM PDT by Bonemaker (invictus maneo)
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To: Bonemaker
It’s the “legal” government version of mafia street tax. At least the mafia just took a small portion but didn’t put people out of business.

My wife grew in in North Jersey & I would be horrified when she'd say nice things about the Mafia. Years later, I see it was all true. They performed more services to the community and were less dangerous than the government we were brainwashed to worship.

In the '80s much of Arlington, VA was pretty rough. Then the Asian boat people moved in, along with "associations" who would help each other out, provide loans, establish order,etc. Arlington flourished and now they are moving way out into the counties doing the same things.

13 posted on 08/08/2018 11:56:45 AM PDT by Forgotten Amendments (Stawp the hammering!)
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To: Forgotten Amendments
Al Capone soup kitchen during Great Depression.


14 posted on 08/08/2018 12:03:11 PM PDT by Bonemaker (invictus maneo)
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To: Bonemaker

Great find! Thanks!


15 posted on 08/08/2018 12:12:28 PM PDT by Forgotten Amendments (Stawp the hammering!)
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To: Bearshouse

>
>>
Question. Why is he not fighting this? There must be something they’re not telling us or something he’s hiding. If it were me, I’d be going for broke. Literally
>>

I don’t think you’ve talked to a lawyer lately. They absolutely do not want a case that is only worth $39,000. If they can’t see real money involved, it just isn’t worth the time. You’re fighting government lawyers who can eat you up with paperwork and depositions. Even if a lawyer got half the compensation it might 3 or 4 years down the road and too much aggravation.
>

The lawyer\govt complex need MAJOR reform.


16 posted on 08/08/2018 12:19:15 PM PDT by i_robot73 (One could not count the number of *solutions*, if only govt followed\enforced the Constitution.)
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To: Forgotten Amendments

Dirty cops.


17 posted on 08/08/2018 12:41:29 PM PDT by American in Israel (A wise man's heart directs him to the right, but the foolish mans heart directs him toward the left.)
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To: zeugma

“I cannot say what I think should happen to these cretins on FR without being banned.”

I’ll say it: Anyone committing armed robbery on law abiding citizens deserves to die.


18 posted on 08/08/2018 2:56:40 PM PDT by MeganC (There is nothing feminine about feminism.)
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To: Forgotten Amendments
Temple gave the officer permission to search the car

NOOOOOOOOOO!

NEVER CONSENT TO A SEARCH!

19 posted on 08/08/2018 7:54:49 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Forgotten Amendments
He opposed the 2016 tightening of the state’s civil forfeiture rules, and says seizures are simply the result of good policing. “We are not in the business of going to someone’s house, ‘hey, you got $100,000 in the mattress? Give it here, we are taking it.’ It just doesn’t happen that way,” he says.

It doesn't happen that way because it's easier to wait for a car to come to you, "the automobile exception" makes non-consensual searches easier, the home has a unique sanctity in Fourth Amendment matters, there are various additional threats that can be made to a motorist (towing the car, waiting "as long as it takes" for a warrant, etc.), the motorist cannot simply slam his door and get back to his couch, etc.

20 posted on 08/08/2018 8:04:20 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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