Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: meyer; Dales
Please find where it says that there is any siezure law being proposed that doesn't require a guilty verdict.

Nitpick. From the end of the article:

Mr. Baker said he hopes the legislation will give the SEC seizure powers much like the Drug Enforcement Administration.

"If you happen to be selling drugs and you're in somebody else's car, that car gets impounded, put in a lot and protected until the issues have been resolved," Mr. Baker said. "So, we seize assets so that they don't run off to the Caribbean or off to trial lawyers, that they stay in a bank account so that they can be allocated to their rightful owner."

What Mr. Baker is promoting is seizure powers like the DEA. Where they can seize property at the time of arrest. So it is a very reasonable presumption that folks are making here, and you are trying to derail them by nitpicking.

83 posted on 07/27/2002 7:08:51 AM PDT by dirtboy
[ Post Reply | Private Reply | To 82 | View Replies ]


To: dirtboy
What Mr. Baker is promoting is seizure powers like the DEA. Where they can seize property at the time of arrest. So it is a very reasonable presumption that folks are making here, and you are trying to derail them by nitpicking.

Dang it!! I'm wishy-washy today. I missed that. I think I'll just sit in the corner for a while and contemplate. :^)

89 posted on 07/27/2002 7:52:18 AM PDT by meyer
[ Post Reply | Private Reply | To 83 | View Replies ]

To: dirtboy
The difference between the drug laws (which are asinine) and this proposal, as I see it, is that the drug seizure laws suffer from several flaws. A car seized for being used in a drug buy might not even be the property of the person who committed the crime, and when there are mistakes made, it is likely to be against a person who doesn't have any ability to mount a defense due to a lack of resources. What this is talking about is making it so that the spoils gained by looting companies could not be used to mount a defense. And unlike the drug laws where the seizures' proceeds go to the state, here they are to be held for restitution against the injured parties; the incentive for governmental abuse just isn't there.

They aren't talking about seizing all of the accused's assets either, just those relevant to the transgressions. And even if that leaves the person penniless, they would still be able to get legal representation since there are lawyers who will realize that they can still make a considerable profit representing people in cases like this on a "pay if we win" basis.

If I loot a company like Adelphia for billions of dollars, I should not be able to spend the money I stole to try to avoid being brought to justice. The money should go to the injured parties if I am convicted, not to my lawyers.

106 posted on 07/27/2002 9:25:40 AM PDT by Dales
[ Post Reply | Private Reply | To 83 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson