Tag: theft by government

Lawsuit against DEA for stealing 79-year-old man’s life savings

11:12 pm

Theft by government: According to a lawsuit filed yesterday in federal court against the Drug Enforcement Agency (DEA), Transportation Security Administration (TSA) and officials from both agencies, government officials confiscated the life savings of a 79-year-old man, totaling $82,373, merely because his daughter was transporting the money in cash on an airplane flight.

At 79, he was aging and worried about keeping so much cash on hand, his daughter said, so during one of her visits he asked her to open a joint bank account. Rebecca Brown was catching a flight home from the Pittsburgh airport early the next day and said she didn’t have time to stop at a bank. She confirmed on a government website that it’s legal to carry any amount of cash on a domestic flight and tucked the money in her carry-on.

But just minutes before departure in late August, a Drug Enforcement Administration agent met her at the busy gate and questioned her about the cash, which showed up on a security scan. He insisted Brown put Rolin on the phone to confirm her story. Brown said Rolin, who is suffering mental decline, was unable to verify some details. “He just handed me the phone and said, ‘Your stories don’t match,’ ” Brown recalled the agent saying. ” ‘We’re seizing the cash.’ “

Brown said she was never told she or her father were under suspicion of committing any crime and neither has been charged with anything. A search of her bag turned up no drugs or other contraband. Neither she or her father appear to have criminal records that might raise suspicions.

Brown and Rolin filed a federal, class-action lawsuit Wednesday against the DEA, Transportation Security Administration and agency officials, claiming the agencies violate the Constitution’s ban on unlawful search and seizures by taking cash from travelers without probable cause. The lawsuit claims the only criteria the DEA has for seizing cash is if it finds amounts greater than $5,000.

This is out-and-out theft by these government officials. Not only should the money be returned, every government official involved in this theft should be fired, and possibly face sanctions themselves.

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Federal agents steal $29K from innocent man

10:52 am

Theft by government: Federal agents confiscated $29K cash from a man, who has never been charged with any crime, while he was proceeding through security at O’Hare International Airport in Chicago.

Yuba City resident Josh Gingerich buys and flips trucks. A recent buying trip to do that cost him a bag of cash which was seized by a U.S. Drug Enforcement Administration (DEA) drug interdiction task force at O’Hare Airport. “A little over 29 grand,” the amount taken said Gingerich who was not arrested and did not break any laws. “No marijuana, no drugs.”

He believes an airport TSA agent saw the money in his backpack and tipped off the DEA. “They take you down to a dingy basement room,” said Gingerich. “No cameras…no nothing.”

Gingerich said he was set up by the officers who he says claimed to smell marijuana on a plastic bag filled with dirty laundry in his backpack. He said officers dumped the clothes, filled the bag with cash, then brought it to the drug dog. “They can just do what they want,” said Gingerich.

There might have been a marijuana smell there, but if so they never used that evidence to charge the man with a crime, only to steal his money.

The Constitution, specifically the Fifth Amendment in the Bill of Rights, is blatantly clear about this: “No person shall … be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” You can’t get clearer. The entire civil forfeiture process is unconstitutional, illegal, and should end, now. It should especially end because of this quote from the story:

Last March, the U.S. Justice Department Inspector General released a report saying from 2007–2016, the DEA seized $3.2 billion with zero convictions tied to this money.

In other words, the DEA stole more than $3 billion from Americans, none of whom were ever found guilty of any crimes. This is theft by government, and must end.

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Wyoming judge rules against theft by government

9:47 am

Good work if you can get it: A Wyoming judge today ordered the state to return a man’s life savings, $92K in cash, that police officers confiscated for no reason during a traffic stop.

Parhamovich told The Associated Press that he was traveling to several performances in Western states and decided to bring his “life savings” because maintenance staff often came into his rented apartment in Madison, Wisconsin. The 50-year-old hid the money inside a speaker he was bringing along on the trip.

While driving near Cheyenne on March 13, officers with the Wyoming Highway Patrol and the Wyoming Division of Criminal Investigations pulled him over. Parhamovich said officers questioned him about whether any drugs or large amounts of cash were in the car and then used a police dog before physically searching through his minivan and finding the money. Parhamovich said the officers implied that carrying that much cash was illegal. He lied and said it was a friend’s. Parhamovich said officers then told him that he could leave if he signed a form saying he was giving the $91,800 to the investigative agency for “narcotics law enforcement purposes.”

“I remember asking them a bunch of times: ‘What happens if I don’t sign this?'” Parhamovich said. “I couldn’t get a straight answer. What I was told kind of made it seem like I would go to jail or they’d detain me for a long time.”

He drove away with a $25 ticket for failing to wear a seatbelt, he said.

This behavior by the police and the state government is wrong and immoral on so many levels it is hard to count them all. Here are a few: It is not illegal to carry lots of cash. The Constitution expressly forbids the taking of private property without just compensation. Parhamovich was never charged with any crime and yet the state tried to keep his money.

There’s more in the article, including another case where Wyoming stole almost a half a million from an innocent citizen, never charged him with a crime, and was still allowed to keep the money because the state supreme court said it was okay for the state to steal.

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Florida passes law outlawing theft by government

11:21 am

Good news: Florida’s Republican governor today signed a law that forbids state police from seizing any property from any citizen unless they actually arrest and charge that person with a crime.

The big deal with this particular reform is that, in most cases, Florida police will actually have to arrest and charge a person with a crime before attempting to seize and keep their money and property under the state’s asset forfeiture laws. One of the major ways asset forfeiture gets abused is that it is frequently a “civil”, not criminal, process where police and prosecutors are able to take property without even charging somebody with a crime, let alone convicting them. This is how police are, for example, able to snatch cash from cars they’ve pulled over and claim they suspect the money was going to be used for drug trafficking without actually finding any drugs.

I should also note that getting this law written and passed was spear-headed by the Republicans in Florida’s legislature, though Democrats there also supported it. I note this not to imply that Republican politicians are great, which they routinely are not, but to note that of the two parties, in recent years it has generally been the Republicans who have opposed asset forfeiture, which I like to call theft-by-government.

Sadly, the Republicans were key players in getting this kind of policy legalized in the first place.

In both cases, it is really the voters who to blame, or to be credited. When the laws were passed allowing police the right to confiscate private property, the voters cheered, thinking such actions would help stop the drug trade (which they were encouraging by buying the drugs). Politicians responded to the voters, and passed the laws, tweaking them as power-hungry politicians do to make them work to the government’s favor, not the citizens. Now, having realized how bad these laws are, the voters are electing politicians who want to remove the laws. That pressure is resulting in laws like this.

Milton Friedman explained this process quite wisely many years ago.

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