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Politics : THE WHITE HOUSE
SPY 691.72-0.1%Jan 16 4:00 PM EST

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To: Oral Roberts who wrote (6110)7/9/2007 3:13:08 PM
From: Sedohr Nod  Read Replies (2) of 25737
 
Interesting url. Thanks for posting it. Any idea of the date on that particular article?

Having 9k in cash seems like a pretty low and unreasonable threshold for seizure absent a lot more untold factors. I found this part on the lack of liability on the government's end to be aggravating.

Should any of these defenses succeed, the government need simply return the property to the owner. It is not liable to the owner damages caused by the property's detention, including damages resulting during the original seizure or a failure to look after the property while in government custody.

On first look, H.R. 1658 looks to be a step in the right direction. Any idea of the disposition on that one?

What would happen if H.R. 1658 were passed?

The whole character of civil forfeiture under Federal law would be fundamentally altered. Most importantly, the federal government would have to show by a "clear and convincing evidence" standard that the property in question was eligible for forfeiture. A property owner would be given 30 days to challenge the forfeiture, not 10 days as currently allowed, and would not be required to put up a 10% bond as precondition to the challenge. Judges would have the authority to appoint counsel for indigent plaintiffs, and could release the property to the owner if the owner could show that the loss would be a substantial hardship for him or her. Furthermore, the government would be liable if they negligently lost or damaged the property, and some owners of seized cash could also receive interest if they recover the money.
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