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Saturday, December 26, 2015

DoJ Shuts down One Method of Law Enforcement Extortion

One of the most widely used asset forfeiture program in the United States has been shut down by the Department of Justice.

Unfortunately, the reason for closing it down is not widespread evidence of abuse and corruption in the program, but rather budget issues:

The Department of Justice announced this week that it's suspending a controversial program that allows local police departments to keep a large portion of assets seized from citizens under federal law and funnel it into their own coffers.

The "equitable-sharing" program gives police the option of prosecuting asset forfeiture cases under federal instead of state law. Federal forfeiture policies are more permissive than many state policies, allowing police to keep up to 80 percent of assets they seize -- even if the people they took from are never charged with a crime.

The DOJ is suspending payments under this program due to budget cuts included in the recent spending bill.

"While we had hoped to minimize any adverse impact on state, local, and tribal law enforcement partners, the Department is deferring for the time being any equitable sharing payments from the Program," M. Kendall Day, chief of the asset forfeiture and money laundering section, wrote in a letter to state and local law enforcement agencies.

In addition to budget cuts last year, the program has lost $1.2 billion, according to Day's letter. "The Department does not take this step lightly," he wrote. "We explored every conceivable option that would have enabled us to preserve some form of meaningful equitable sharing. ... Unfortunately, the combined effect of the two reductions totaling $1.2 billion made that impossible."

Asset forfeiture has become an increasingly contentious practice in recent years. It lets police seize and keep cash and property from people who are never convicted — and in many cases, never charged — with wrongdoing. Recent reports have found that the use of the practice has exploded in recent years, prompting concern that, in some cases, police are motivated more by profits and less by justiceAsset forfeiture has become an increasingly contentious practice in recent years. It lets police seize and keep cash and property from people who are never convicted — and in many cases, never charged — with wrongdoing. Recent reports have found that the use of the practice has exploded in recent years, prompting concern that, in some cases, police are motivated more by profits and less by justice.
Of course, the usual suspects' heads are exploding with people like the National Sheriff's Association invoking the specter of narco gangs and terrorists.

The truth here is that these people could still seize property in much the same way that they do now.  The only difference is that they can no longer keep quite as much as they used to.

What this means is that cops will have to find other money sources to buy their: (Buzzfeed listicle ahead)
  • Gatorade
  • Zambonies
  • Segway scooters
  • "Disney Training" (Not The Onion)
  • First class flights and car rentals
  • Parties
  • Tequila, Kegs, and a Margarita Machines (Again, not The Onion)
  • Tanning Salons (OK, this one resulted in corruption charges)
  • Casino Junkets
  • Hawaii Vacations 
  • Bribing other cops (Convicted, but reversed on appeal)
  • A Dodge Viper supercar (Because they want to play Grand Theft Auto for real, I guess)
  • A "Party House"
  • Marijuana and Prostitutes (Again, charges pending)

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