Another Civil Forfeiture – Veteran Loses $60,000 and Never Breaks a Single Law…

More and more of these terrible stories are surfacing….

(Via Forbes) […] In late March, the U.S. 8th Circuit Court of Appeals ruled that the federal government could take more than $60,000 of Brewer’s cash with civil forfeiture, even though he was never charged with a crime. The decision lets many Midwestern states continue to take property from people who have done nothing wrong.

A former military police officer and weapons specialist, Brewer earned several medals during his service in the Air Force, before he was medically discharged in 2008. Brewer said he developed Posttraumatic Stress Disorder after a deployment in Afghanistan.

In November 2011, Brewer was driving on Interstate 80 in Nebraska, when Douglas County Sheriff’s Deputy Dave Wintle pulled Brewer over for crossing traffic lanes without signaling. During the stop, Wintle performed a criminal background check, which “revealed no major violations.”

Brewer said he was travelling to Los Angles to visit his uncle and planned to use the money as a down payment for a house. According to Brewer, he had been saving that cash during his military service and from disability payments. Wintle did not believe his story, so Brewer’s cash was seized and his car was towed. At the Douglas County Sheriff’s Office, a later search “located disability documents, old paystubs and tax returns in the vehicle, along with two articles entitled ‘How to Make Wicked Hash’ and ‘How to Make Weed Oil Without Blowing Yourself Up.’”

But deputies never found any drugs in the car. Nor did the government ever charge Brewer with a crime. Deputy Wintle didn’t even issue Brewer a traffic citation—the basis for the stop. (read more)

Advertisements
This entry was posted in 4th Amendment, 6th Amendment, Abusive Cops, Big Government, Big Stupid Government, media bias, Police action, Professional Idiots, propaganda, Uncategorized. Bookmark the permalink.

55 Responses to Another Civil Forfeiture – Veteran Loses $60,000 and Never Breaks a Single Law…

  1. Hank Rearden says:

    It’s a tax. There, I fixed it.

    Like

    • David says:

      I’ve been bitching about this for years. And you know what? That, apparently, makes me a cop hater. After all, if you have nothing to hide……Plus, it’s “to get at all the drug and organized crime money”. I mean, really, if you have to break a few eggs…..

      Buncha damn crooks. And that’s the easiest way to say it.

      Liked by 4 people

    • Burnt Toast says:

      It is pretty interesting that a middle-class person found to have actually physical possession of the life savings (or a good chunk of it) can have it legally swiped by the government.

      The only other thing to do is put in in a bank so then the bank can simply transfer it to the government if it (gov) so chooses.

      Like

  2. Meyer says:

    A couple of days ago I read about a Maryland farmer who lost $29,500 to civil forfeiture without any charges.
    http://www.washingtonpost.com/local/dc-politics/uncle-sam-may-have-picked-the-wrong-cash-cow/2015/04/14/227aa73c-de2e-11e4-a500-1c5bb1d8ff6a_story.html

    Like

    • PJ Media reported on that one and said the seizures come because of laws designed to stop terrorists, but since no one will name the evil we’re supposed to fight with these laws, they end up using the laws to attack law abiding citizens instead. I believe it.

      “When you will not fight an enemy frankly bent on your destruction, then it’s almost inevitable that you will turn on the people you are supposed to protect. After all, all that federal power has to go somewhere, doesn’t it?”

      http://pjmedia.com/tatler/2015/04/15/happy-tax-day-post-911-police-state-attacks-maryland-dairy-farmer/

      Liked by 2 people

      • Meyer says:

        From what I understand in the farmer’s situation, he deposited more than $12,000 on multiple occasions. However, the bank teller did not complete the required documentation. Feds investigated these occurrences for potential money laundering. Feds found no case – no charges were filed . . . . still, the money was seized and not returned.

        Like

  3. Sharon says:

    Two issues here – the government theft and carrying $60,000 in CASH??

    I’m not the brightest bulb in the batch but I would figure that would be a real good way to come under suspicion for any number of things, including stolen goods, money laundering, and drug dealing…..

    …..and since I want to be invisible to dem dat’s in charge of our imploding Republic, I wouldn’t carry thousands of dollars of cash around.

    Liked by 4 people

    • booger71 says:

      May not be smart, but he broke no laws

      Like

    • Les says:

      I think you should be able to do whatever you want with your money. If you don’t want to put it in the bank you shouldn’t be forced to do that. Your money is YOUR money. The gov’t should have to PROVE wrongdoing before they can keep the cash.

      Liked by 3 people

      • lilbirdee'12 says:

        Absolutely agree !

        Like

      • Kurt says:

        I agree 100%. I don’t normally like to keep large sums of money in the bank. Last year I wanted to take out a small mortgage on a second home. When I told the bank I had about $30,000 in cash the bank had a hissy-fit. They had asked me several times where I got the money. I told them I have a good paying job and I withdrew the money each time I got paid (I have direct deposit). I told them to look at my bank records and they will see the large withdraws. I had to sign an affidavit stating that the money I had for the deposit I earned as income. Headed to closing the bank’s legal team didn’t like that either so we had to “move” money around from one bank account to another just to make them happy.

        Lesson learned here. If you need a large sum of money for something like the purchase of a house or car, put the money in the bank, document your deposit then the bank will feel somewhat better. YMMV

        Kurt

        Like

    • canadacan says:

      What happened was wrong but don’t go looking for trouble rule number one .Which means don’t carry large amounts of cash on you

      Like

    • Serpentor says:

      Some of us don’t entirely trust the government. The most I’ve ever driven around with at one time was about $40k. I was driving it to the bank so that I could buy a house. I left it in cash because, well, I don’t entirely trust the bank either – I had taken the money out of the bank during the financial meltdown.
      There are people like this all around. Maybe we don’t want people snooping, maybe we’re worried we’ll get hacked and lose our bank balance, maybe we’re worried the banks aren’t entirely solvent and the agency backstopping their losses (US Govt) isn’t exactly solvent either. Maybe we just like to count the bills every so often, etc etc. It should be a “free country” should it not? Why should someone be under suspicion for this? Why? Because “ordinary folk live hand to mouth and keep their money digitally”? Yeah – not everyone.

      Liked by 2 people

      • Sharon says:

        “Some of us don’t ‘entirely trust the government….”

        I don’t trust the government any farther than I can throw one of the buildings they rule from.

        I said nothing to indicate I trusted them.

        However, since I am fully aware of their character and their ways, I will not mindlessly set myself up to come to their attention, subjected to their threats.

        One of the most important things done by citizens who are the Resistance in a country under seige from within is that they scrupulously obey any law they can while still resisting and trying to fight for their freedom.

        Dietrich Bonhoeffer and his brother-in-law were in a public place one day when the Heil Hitler thing was going on around them as the German national anthem was played over the loudspeakers. Dietrich jumped to attention with his arm stiffly saluting and his brother-in-law’s jaw dropped. Dietrich hissed at him: “You fool! Stand and salute and sing! There will be things far more important than this for which we must risk our very lives…..” (in words along that line) but this was not worth getting arrested early on for, or coming to the attention of the authorities.

        ADD: Here’s the exact report of the situation to which I refer:

        As Bethge stood there gawking, Bonhoeffer whispered to him, “Are you crazy? Raise your arm! We’ll have to run risks for many different things, but this silly salue is not one of them!” Bethge’s extraordinary friend had schooled him in many things over the previous five years, but this was something new.

        It was then, Bethge realized, that Bonhoeffer crossed a line. He was behaving conspiratorially. He didn’t want to be thought of as an objector. He wanted to blend in. He didn’t want to make an anti-Hitler statement; he had bigger fish to fry.

        Page 362, Eric Metaxas’ Bonhoeffer

        Please do not conflate “obedience” to nonsense regulations with trust in this government.

        Knowing the kind of trouble it will cause, I think it is foolish to carry around thousands of dollars in cash.

        Your perspective on which hill you’re willing to die on will determine which laws you choose to disregard.

        Like

  4. BertDilbert says:

    Hey it is pennies from heaven!

    Like

  5. Daniel says:

    I have tried to explain to people about civil forfeiture and people look at me like I’m simply making this stuff up. They do not understand and do not believe me. It amazes me how much people want to believe in the justice system we know and understand versus the one which is actually in place and abusing people.

    Liked by 2 people

    • BertDilbert says:

      The problem is that it only takes one married dead cop killed in the line of duty to undo a hell of a lot of civil asset forfeiture. Wife gets paid until she kicks the bucket.

      Like

  6. yakmaster2 says:

    Without a conviction or even being charged with a crime, It’s government sanctioned stealing. BY the government and FOR the government. Worse, the theft is incentivized by allowing agencies like the DEA and Sheriff/Police Depts to use those permanently seized assests to fund themselves.
    What a racket—or should I say, racketeering? The public should be outraged.

    Liked by 4 people

    • Monroe says:

      Why do you think so many govt workers steal from their workplace. Just trying to get back what is being taking from them. Wrong but hard to blame the ones that are barely surviving.

      Like

    • Millwright says:

      Its always been view that way ! Early on rural western residents saw the government’s whisky tax as theft whereas they saw it as a way to concentrate their produce for shipment ! Two hundred years later the “war on Drugs” was the gateway for government – at every level – to find ways/means to seize cash/assets. To avoid constitutional prohibitions they “arrested the property” – and government courts conveniently determined “property” had no “constitutional rights”. And, like good, honest thieves, they shared the wealth with the kine, (state and local LE) treading the grain.

      In practical terms this means anyone, anywhere, for any reason can lose significant amounts of cash, their vehicle, or their real estate at the “discretion” of a LEO for any – or no – reason whatsoever !

      Liked by 1 person

  7. agent provocateur says:

    Reblogged this on Nevada State Personnel Watch.

    Like

  8. I remain amazed that up to now the police haven’t failed their victim selection process on this, and picked a veteran who will lay waste to as many of the department’s officers as he can get his sights on.
    Take $60k from me, and that thought would definitely be running through my head.

    The Government needs to understand that the money they are confiscating represents the labor of the person who they confiscate it from. In the case of this veteran, that is probably years of his labor, confiscated just because they can.

    Liked by 2 people

    • Burnt Toast says:

      I am tempted to day that a professional would go after mid-level folks making the decisions and leave the low end troopers out of it; maybe even false-flag it with ISIS claiming retribution for un-islamic seizure/taxes; but, I won’t.

      Like

  9. Col.(R) Ken says:

    Sharon, I agree, two separate issues, sue, sue, sue. Simple line of credit, or a cashier check would have been better. Just proves Al Capone right, ” I need a flag on the wall, then I would be legit.”

    Liked by 1 person

  10. Justice_099 says:

    Punish the good, reward the criminals. Once again.

    Like

  11. TFred says:

    The corrupt Senate Democrats in Virginia just thwarted the latest effort to end this practice in Virginia. How ANY legislator could oppose ending this practice and keep their job is well beyond my ability to comprehend.

    http://www.dailypress.com/news/politics/dp-virginias-civil-asset-forfeiture-reform-effort-goes-down-again-20150415-story.html

    Like

    • Meyer says:

      Shame on Virginia. Way beyond belief/comprehension that a conviction is not needed before police can take full possession of someone’s property. Wrong on so many levels!

      When NObama gets wind of this he will speed dial DOJ and take full advantage of this bad law. Scary thought . . . bet we will see more law abiding, hard working whites targeted.

      Like

    • unitron says:

      “How ANY legislator could oppose ending this practice and keep their job is well beyond my ability to comprehend.”

      Ask yourself how any legislator can vote to end it and not be vilified as being “soft on drugs”, and “soft on crime”, or being called “pro drug dealers”.

      ‘Cause I’m pretty sure those who want to keep riding that gravy train will be glad to do just that.

      Like

  12. anthedohmy says:

    Wicked meā culpā

    Like

  13. MissyW says:

    I read this post, and then spent two hours learning about this thing I did not know existed — civil forfeiture. I’m shocked, I’m stunned! This actually happens in the USA? This is jaw-dropping, breathtaking news to me — we can have our money, property, homes, cars seized even if we have not committed a crime?! How is this allowed to happen?

    I breathed a sigh of relief when I found out “Civil forfeiture essentially does not exist under North Carolina law. Property can only be forfeited if the property owner is actually convicted of a crime. Moreover, law enforcement does not receive any percentage of forfeiture proceeds.”

    If I ever venture across state lines again, I will rent a car, take only a credit card, and leave Grandma’s crucifix at home.

    Liked by 1 person

    • unitron says:

      Just because we don’t have a law like that on the books here in the Old North State doesn’t mean that there aren’t plenty of federal laws they can use if they want to.

      Liked by 1 person

  14. unitron says:

    60 Minutes did a story 20 if not 30 years ago about a landscaper who, as I recall, lived in Tennessee, and who was flying somewhere (also in the US, as I recall) to buy some (perfectly legal) plants to use/resell in his business, and carrying a lot of cash with him with which to buy them, since he didn’t know for certain from which of several possible places he would find the best deal.

    I can’t find anything online about it, but the upshot was that his money got arrested because he couldn’t prove that he wasn’t going to buy drugs with it.

    I specifically remember the part about how he wasn’t arrested, but his money was.

    Not unable to prove that he hadn’t made the money from dealing (they never had any evidence of that), just unable to prove that in the future he wouldn’t have engaged in a drug deal with the money.

    Liked by 1 person

  15. Justice_099 says:

    Struggling today with some pretty negative thoughts. I truly love this country but with articles like this and so many other things our government has been doing lately, I am asking myself this morning, “why?” I feel like I am in love with something doesn’t exist. A crush on what my idea of what America is, not what it actually is. Is the America we love a fake construct? Maybe I need a kick in rear end. Scratch that, articles like this are the most severe kick in the rear end I can imagine.

    Sigh… hate this feeling. I hate how what should be cynicism is most often reality. A sense of hopelessness that regardless of what we do, it will not be restored. We can support a conservative all day long and in the end either they betray us or the establishment just picks who they want anyway.

    Liked by 2 people

  16. Pingback: The Daley Gator | Your Weekend Wrap Up, Link-a-Round, and Best of the Blogs all in one

  17. dalethorn says:

    I think most of their probable cause originates in the banks and insurance companies rather than government, who BTW serve those banks etc. So just like the seatbelt laws that incriminate you for failing to protect yourself (because the bean counters have calculated less payout if you buckle up), the cash laws and related laws keep the money in the bank where 1) ‘They’ can control it, and 2) They can make the best skim on it.

    Like

  18. Centinel2012 says:

    Reblogged this on Centinel2012 and commented:

    This is clearly a violation of the 4th Amendment! And what is expected of a police state!

    Like

  19. Nanny G says:

    The elderly lady who (used to) own a Mexican restaurant in New Mexico had $33,000 confiscated by the feds simply because she didn’t take checks or credit cards and made weekly deposits.
    She got her money back only recently.
    Legal fees were about $66,000.
    Now she is suing to force the taxpayers to cover her fight.
    I can’t blame her.

    Liked by 1 person

  20. Worc1 says:

    I guess the 8th Circuit Court of Appeals has never read the 5th Amendment to the US Constitution which reads “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

    Like

  21. czarowniczy says:

    You are being asked to login because leedobolek@hotmail.com is used by an account you are not logged into now.
    By logging in you’ll post the following comment to Another Civil Forfeiture – Veteran Loses $60,000 and Never Breaks a Single Law…:

    The Feds started this years ago with a law that would allow them to seize the illegal proceeds of drug transactions and the states took off with the idea shortly thereafter. Like any child with a hammer it didn’t take long for corrupt officials at all jurisdictions from state to local to use this hammer to beat cash out of innocent citizens. I’ve mentioned it before but one parish (county) on the I-10 in western Louisiana was so blatant that it actually attracted a long ’60-Minutes’ piece – they sheriff was making a fortune out of shaking down motorists.
    Virginia was just looking to strengthen its civil forfeiture law (don’t know if it did, sorry) to the point where the difference between being stopped and robbed at gunpoint by a highwayman and local LEA revolved around the LEA basically having a letter of marque from the state. Cash-strapped LEA now has the ability to use your pockets as an ATM.
    You are considered guilty if you have what the arresting officer considers an inappropriate amount of cash on you or in your possession and if they like your ride – poof, that’s gone too. You can either kiss your car good-bye as a non-tax-write-off loss or spend years and tons of cash coming back and forth to where it was stolen…errrr. seized… and fight it in a local court.
    If you aren’t sure what YOUR state’s civil forfeiture laws look like you might want to go here: https://www.ij.org/asset-forfeiture-report-alabama and take a look. Sorry, I started with Alabama but there’s a drop-down box on the page’s upper right that will get you to your state. See how close you are to taking a major financial hit if some some LEA department is on a cash-quest and you just happen to run into them while driving the family out for a weekend trip. Surpriiiiiise!
    

    Like

    • czarowniczy says:

      Don’t ask me what’s going on – just me and WordPress having another of our ongoing disconnects. Should have read (without the extraneous fixins:

      The Feds started this years ago with a law that would allow them to seize the illegal proceeds of drug transactions and the states took off with the idea shortly thereafter. Like any child with a hammer it didn’t take long for corrupt officials at all jurisdictions from state to local to use this hammer to beat cash out of innocent citizens. I’ve mentioned it before but one parish (county) on the I-10 in western Louisiana was so blatant that it actually attracted a long ’60-Minutes’ piece – they sheriff was making a fortune out of shaking down motorists.
      Virginia was just looking to strengthen its civil forfeiture law (don’t know if it did, sorry) to the point where the difference between being stopped and robbed at gunpoint by a highwayman and local LEA revolved around the LEA basically having a letter of marque from the state. Cash-strapped LEA now has the ability to use your pockets as an ATM.
      You are considered guilty if you have what the arresting officer considers an inappropriate amount of cash on you or in your possession and if they like your ride – poof, that’s gone too. You can either kiss your car good-bye as a non-tax-write-off loss or spend years and tons of cash coming back and forth to where it was stolen…errrr. seized… and fight it in a local court.
      If you aren’t sure what YOUR state’s civil forfeiture laws look like you might want to go here: https://www.ij.org/asset-forfeiture-report-alabama and take a look. Sorry, I started with Alabama but there’s a drop-down box on the page’s upper right that will get you to your state. Sere how close you are to taking a major financial hit if some some LEA department is on a cash-quest and you just happen to run into them while driving the family out for a weekend trip. Surpriiiiiise!

      Liked by 2 people

  22. punkinseed says:

    Hiding behind the law enforcement and using this bogus “legal” façade in all of this are people in powerful positions.
    EXPOSE the individuals for the thieves that they are. Don’t let them hide behind an entire agency like DEA or IRS. Expose them and don’t let up until they are forced to admit the thefts and are fired from the positions of public trust.
    Someone made the decision to keep this man’s money. Expose them for the lying thieves that they are. Nobody is above the law.

    Liked by 1 person

  23. Why is the cop searching his car to begin with? Changing lanes without signaling isn’t reasonable suspicion to search a car.

    Liked by 1 person

  24. Joey says:

    “After gaining Brewer’s consent… ”
    There’s a problem. NEVER EVER give consent to have your car searched without a warrant.

    Like

Leave a Reply to BertDilbert Cancel reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s