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White House Czar Calls for End to ‘War on Drugs’

Posted on May 15th, 2009 at 7:24am by bile Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 4 Comments »

http://online.wsj.com/…

The Obama administration’s new drug czar says he wants to banish the idea that the U.S. is fighting “a war on drugs,” a move that would underscore a shift favoring treatment over incarceration in trying to reduce illicit drug use.

In his first interview since being confirmed to head the White House Office of National Drug Control Policy, Gil Kerlikowske said Wednesday the bellicose analogy was a barrier to dealing with the nation’s drug issues.

“Regardless of how you try to explain to people it’s a ‘war on drugs’ or a ‘war on a product,’ people see a war as a war on them,” he said. “We’re not at war with people in this country.”

The Obama administration is likely to deal with drugs as a matter of public health rather than criminal justice alone, with treatment’s role growing relative to incarceration, Mr. Kerlikowske said.

The administration also said federal authorities would no longer raid medical-marijuana dispensaries in the 13 states where voters have made medical marijuana legal. Agents had previously done so under federal law, which doesn’t provide for any exceptions to its marijuana prohibition.

James Pasco, executive director of the Fraternal Order of Police, the nation’s largest law-enforcement labor organization, said that while he holds Mr. Kerlikowske in high regard, police officers are wary.

“While I don’t necessarily disagree with Gil’s focus on treatment and demand reduction, I don’t want to see it at the expense of law enforcement. People need to understand that when they violate the law there are consequences.”

  1. You can’t convince people it’s a ‘war on drugs’ or a ‘war on a product’ because that’s impossible and just as ridiculous as a ‘war on terror’ or ‘war on a tactic.’ They see it as a war on them because it is. Drug and products exist only because people desire them. You must go after the actor behind the drug or product. The user or seller or manufacturer. Whenever you prohibit something you will enveitably make that problem worse and cause negative side effects you didn’t account for. Whether that be drugs, guns, prostitution or fast food.
  2. While forced treatment is likely better than forced incarceration you will still have asset forfeiture happening. You’re still forcing people to do something against their will for what was likely a consensual, non-violent, voluntary ‘crime.’
  3. Treating it as a ‘health’ issue doesn’t make me feel any better. Health in general but specifically mental health has been a tool used by violent fascist governments throughout time to remove those who they disagreed with. Many states in the USA practiced eugenics before Hitler or anyone else. Many regimes would use vague mental ‘disorders’ to lock up political advisories in padded rooms and in most countries including the United States you can be held practically forever without the same well documented legal rights that a normally imprisoned individual has. Not that that always helps.
  4. Medical-marijuana dispensary raids? Oh yes because that promise was so well kept. I’m totally going to just ignore all of Obama’s lies and believe his drug ‘czar’ on this one.
  5. This has been said many times but… czar? Really? Must they be so blatantly power hungry? I’ve no doubt these guys think of themselves as little emperors. It’s sick.
  6. Even if treatment goes up will incarceration go down? Will he ask Obama to release/pardon all or some or even one of the non-violent federally held drug ‘criminals?’ The USA has the largest prison population both in total number of prisoners and per capita. The prison system is one of the fastest growing industries. To make room for non-violent drug offenders California last I heard was planning on releasing violent prisoners out early. Seems wrong on several levels.
  7. Oh… and what about obeying the actual laws of the land Mr. Kerlikowske? You know… the US Constitution? The 9th and 10th Amendments. Would you be so kind as to point out the section in Article 1 that gives congress the power to pass such prohibitions?
  8. Of course James Pasco is wary of the proposed changes. As he says: “I don’t want to see it as an expense of law enforcement.” What he really means is that he doesn’t want the war on drugs to shrink because then he may not get the funding or get to use his fun SWAT equipment as much. Can’t have a reduction in the police state. Gotta keep them boys employed. Can’t make it look like they aren’t enforcing the rule of law. Even though they are breaking their oath to be peace officers and to the Constitution regularly.
 

National Guard getting in on the asset forfeiture game

Posted on November 25th, 2008 at 12:00pm by bile Tags: , , , , , , , , , , , , , , , , , , , , , , , , 1 Comment »

http://lawfuel.com/show-release.asp?ID=19970

The Colorado National Guard, for the first time ever, received an asset forfeiture sharing check this afternoon at a ceremony that took place inside the State Capitol. The check was a result of a Western Slope marijuana investigation, involving the Guard as well as a number of federal agencies. Agencies participating in the ceremony included the United States Attorney, and representatives from the Bureau of Land Management Enforcement Division, the IRS-Criminal Investigation, and the Colorado National Guard.

Major General H. Michael Edwards, the Adjutant General of Colorado, was presented a $93,701 check for the National Guard’s role in the “Topliss” marijuana investigation, which included asset forfeiture. Beth and Alfred Topliss were arrested for growing marijuana on their property in rural Mesa County. A search warrant executed on the property resulted in a bizarre stand-off, where Mr. Topliss put a gun to his head and said, “I’ll kill the hostage if you don’t back-off.” The hostage was Mr. Topliss himself. The subject was disarmed, and ultimately he and his wife were convicted on state felony charges of possession of marijuana.

Under federal law, property involved in various crimes, including drug cultivation, may be seized and forfeited. In this case, the IRS was the seizing agency, at the request of the Mesa County Drug Task Force. The United States Attorney’s Office filed a forfeiture action against the Topliss’ property in U.S. District Court in Denver. As a result of the case, a court order was issued, forfeiting $375,000, which was the property’s value. Under federal law, the funds go to agencies involved in the investigation, for programs that aid law enforcement in apprehending criminals as well as to youth drug prevention programs. The Mesa County Drug Task Force also received a check during the event for $112,441.

A new Colorado law, Colorado Revised Statutes (CRS) 16-13-601 and 28-3-1303 (2) designate the Colorado National Guard as a law enforcement agency for the limited purpose of participating in the Federal Asset Forfeiture Program. This new law allows the Guard to receive forfeiture sharing monies from cases in which they play a direct role in investigating. The statutes do not expand the law enforcement authority in relation to other types of operations.

“No one should profit from crime,” said United States Attorney Troy Eid. “Besides facing prison and fines, drug-traffickers risk forfeiting their ill-gotten gains.”

No one should profit from crime… except those in government apparently. Asset forfeiture is bad enough already… this is only going to make it worse.

And really… “ill-gotten gains?” Providing customers with products and services you don’t like are ill-gotten? Well I guess when you have the guns and the aura of legitimacy with regard to violence… I suppose it’s whatever Troy says.

 

Asset forfeiture brought to a new level

Posted on November 3rd, 2008 at 12:58pm by bile Tags: , , , , , , , , , , , , , , , , , , , , , , , ,

http://www.downsizedc.org/…

“If the court grants our request … then if any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and literally take the jacket right off his back.” – U.S. Attorney Thomas O’Brien

“The government can’t ban confederate flags, swastikas, or klan robes, and it sure as hell can’t ban the display of the Mongols’ logo.” – Marc J. Randazza

“What if the government had decided that, because of the Watergate scandal, nobody could use the word Republican again? – Zeichner Ellman

The Justice Department indicted 79 members of the Mongol Nation Motorcycle club for racketeering on October 21. The indictment included federal seizure of the “Mongols” trademarked name.

The case hasn’t even gone to trial yet , but U.S. District Judge Florence-Marie Cooper has authorized the seizure of the defendants’ . . .

* Clothing, motorcycles, and other property bearing the Mongols trademark.
* Any similar property bearing the trademark that belongs to the defendants’ “agents, servants, employees, family members, and those persons in active concert or participation with them.”

In other words, many people who weren’t even indicted will have their property seized.

This ruling has serious problems . . .

* In April, Mongol Nation transferred its trademark to Shotgun Productions, LLC, in April, a company that isn’t even named in the indictment.
* Prohibiting possession of trademarked items sets a dangerous precedent. If the government for some reason seizes the Nike swoosh, could FBI agents strip Tiger Woods of his cap, shirt, and shoes?

Civil asset forfeiture was already wrong. The government has no right to seize property without a trial and conviction. But now Judge Cooper and the Justice Department have taken it to a whole new level . . .

* An organization could lose its trademark because of the alleged crimes of some of its members.
* Normal asset forfeiture only seizes property alleged to have been used for illegal purposes, but now the government can take property simply because it sports the wrong logo!
* People completely unrelated to any indictment are now having their property seized too!

Civil asset forfeiture already violates the 4th, 5th, 6th, 7th, 8th, 9th and 10th Amendments to the Constitution. Now it endangers the First Amendment too. Government officials could trump-up charges against any organization they don’t like, seize its name, and put it out of business! It could happen to DownsizeDC.org!

This will chill freedom of expression.

Civil asset forfeiture must die. Use our Educate the Powerful System to tell Congress to repeal civil asset forfeiture.

Use your personal comments to tell Congress . . .

* About the Mongol case
* That’s its wrong for the government to seize property without due process and a conviction
* And even more wrong to seize property simply because it sports a legally-obtained, trademarked logo.

Demand that Congress abolish civil asset .forfeiture.

Thank you for being a part of the growing Downsize DC army.

And a hat tip to The Legal Satyricon blog for providing links to government documents.

James Wilson
Assistant to the President
DownsizeDC.org

This is really slick. I hadn’t considered such an action. Asset forfeiture has generally been able to continue do to its reach. It effects few and often those who are accused or convicted of a crime taking advantage of the fact that many do not wish to be associated with criminals and therefore will not stand up for their rights. However, should that reach grow as it has in this particular case perhaps there will be more public outrage. Then again perhaps not. Eminent domain has been more and more abused recently with relatively little increase in response.

 

Prostitute Seekers Could Lose Wheels

Posted on July 8th, 2008 at 5:28pm by laur Tags: , , , , , , , , , , , , , ,

http://www.nbc10.com/

EASTON, Pa. — The Easton City Council is considering a law that would let the city permanently seize the car of anyone caught cruising for a prostitute.

However, it is unclear if such a law would hold up in court. Easton defense lawyer Gary Asteak said the city cannot impose a severe penalty for what state law calls a misdemeanor. Still, Pennsylvania law lets police seize cars used in drug deals.

Police Chief Larry Palmer said he doesn’t know how the courts will rule, but said such a law is worth trying. Once a few cars are seized, it will make people think twice about going into Easton to find a prostitute, Palmer said.

What if you are cruising on a bicycle? A skateboard? Better yet, what if you approach a prostitute while taking a mid-afternoon stroll? Will they seize your sneakers?

There should be no laws regarding sex for consenting adults. Period.

Government should not only be kept out of the bedroom, but also out of the backseat of some guy’s Chevy.

 

Federal government files civil forfeiture action against seized Liberty Dollar property

Posted on July 1st, 2008 at 10:01pm by bile Tags: , , , , , , , , , , , , , , , ,

http://www.libertydollar.org/…

Alert #20: July 1st, 2008

Unfortunately, out of the blue… the US government aka the DOJ lobbed a bomb (in the form of a Complaint) against the Liberty Dollar’s seized property last Thursday, June 29. The civil forfeiture complaint, filed in the US District Court in Asheville NC, definitely moves your gold and silver closer to auction and the outright theft of your legal property. Fortunately, in a bizarre move, it was stayed for six months pending the ongoing criminal investigation by the FBI. Go figure.

Please click HERE to read the whole 52 page Complaint and TAKE ACTION BELOW!

Of course, nobody outside of government wants the DOJ to steal your $3.5 million Liberty Dollars in gold and silver. And a good number, almost 5,000 have signed up for the Class Action Lawsuit. But I would like to get “5,000 people involved”… so I am giving all late comers 48 hours… until 7:00 PM EDT on Wednesday… to add your name to the list.

Want to get your name in history? Well the attorney has agreed to include everybody’s name in our response. That’s right, we are going to list all the names in what might be the largest case in history. Please note this will NOT be a “Class Action Lawsuit” as that takes too much time and money. No, you will be personally represented by the attorney – if you sign up for the “Class Action Lawsuit” before 7:00 PM EDT on Wednesday.

Shortly after Wednesday, you will receive an “engagement letter” via email from the attorney. It will specify that you want him to represent you at no cost to you, except ten percent duty on all returned material. All you have to do is confirm your contact info, the approximate amount of paper and digital currency you wish to redeem, sign it and click send!

It can’t get any easier, better or cheaper! Please send this Last Call to everybody on your email list. This is your opportunity to stand tall for your monetary values.

Click HERE to sign up… if you have not done so.

Thanks for your support. I will continue to keep you informed as the big case shapes up.

Bernard von NotHaus
Monetary Architect / Editor

They mean my and thousands of others seized property?

Don’t you just love asset forfeiture cases? United States of America V. 3039.375 Pounds of Copper Coins; 5930.32 Troy Ounces of Silver Coins; 63.24 Troy Ounces of Gold Coins; 3 Platinum Coins; 168,599 Silver Troy Ounce Coins; 147 Gold Troy Ounce Coins; 710 Silver .5 Troy Ounce Coins; 11 Silver Bars and Silver Scrap Totaling 10,720.60 Troy Ounces; 1000.5 Troy Ounces of Silver Coins; 1000.5 Troy Ounces of Silver Coins; Dies, Molds, Casts; 16,000.05 Troy Ounces of Raw Silver; 100 Ounces of Copper Coins; $254,424.09 in United States Currency; 17 Gold .05 Troy Ounce Coins.

 

IRS going after Swiss bank records

Posted on July 1st, 2008 at 7:30am by bile Tags: , , , , , , , , , , , , , , , 3 Comments »

http://cnnwire.blogs.cnn.com/…

The Internal Revenue Service is taking the unprecedented step of seeking Swiss bank records in search of what it suspects could be up to $20 billion worth of assets hidden by U.S. taxpayers.

Justice Department lawyers said late Monday that they had filed court documents in Miami asking a judge to allow the IRS to get information from the banking giant UBS. U.S. investigators are seeking permission for the first time to serve what are called “John Doe” summons to obtain information about possible tax fraud against taxpayers whose identities are not known.

Information stemming from a guilty plea by a former UBS banker last week in Miami suggests the Zurich-based bank had “undeclared” accounts of U.S. taxpayers estimated at about $20 billion. U.S. tax laws require any accounts abroad worth more than $10,000 to be reported — and penalties call for up to half of the amount in a hidden account to be forfeited.

The U.S. government is trying to cooperate with the Swiss government and the bank, Deputy Assistant Attorney General John DiCicco said. But he added, “We are prepared to seek enforcement if that process is not successful.”

Enforcement? What the hell does that mean? World court or troops? It’s sad the latter is the first I think of.

 




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