CIVIL ASSET FORFEITURE AND THE WAR ON DRUGS.
The Osgood File. Sponsored in part by Angie's List. Get reviews you can trust and great discounts from service providers in your own area. This is Charles Osgood.
Did you know that even if the government doesn't have enough against you to convict or even charge you with a drug offense, they can still take your property?
SOT - Jonah Engle, freelance journalist
"It ranges from cash to cars to houses - basically, any asset that police believe was intended to be exchanged for drugs, that came from the sale of drugs, or that was alleged to have been used to produce, transport or store drugs." (:14)
And in most cases, they get to keep it, even if they're wrong - says Washington-based freelance journalist Jonah Engle, who's been looking into this part of the War on Drugs.
SOT - Jonah Engle
"And I think it would actually shock many Americans to realize that government can do this." (:04)
More about it after this...
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The way the game works, says Jonah Engle: if the government does seize your money, car, house or other property, the clock starts running for you to file your objection with the Department of Justice.
SOT - Jonah Engle
"Under Federal law, you have 30 days to physically get the document into the DOJ in Virginia. So, you can't fax it. It has to be at the DOJ within 30 days - or else it's too bad for you, it's too late." (:11)
So, you go to a lawyer...
SOT - Jonah Engle
"You know, you'd be surprised. I've spoken to law graduates who've never heard of civil asset forfeiture. It's really a specialized part of law - and many lawyers won't take these cases, because it requires specialized knowledge." (:12)
If you do find a specialist...
SOT - Jonah Engle
"I spoke to several civil asset forfeiture specialists - lawyers in California. One of them said in a Federal case, they wouldn't take a case where the property was less than 50,000 dollars. Another lawyer said she wouldn't touch a case for property worth less than a hundred thousand dollars." (:15)
So, it's pretty much heads they win, tails you lose.
SOT - Jonah Engle
"If the seizure is not challenged, then the property is automatically forfeited - regardless of the merits of the case." (:06)
These days, says Engle, they're counting on this for revenue.
SOT - Jonah Engle
"Absolutely - and you even have police departments that are including projected asset forfeiture revenue in their budgets, which is certainly not in the spirit of the law." (:08)
The Osgood File. This is Charles Osgood on the CBS Radio Network. |
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