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NY COP FORUM JANUARY 2000
QUESTION:
Civil forfeiture procedures are increasingly becoming a major weapon in the arsenal of
the criminal justice system. The RICO Act that was originally designed to fight Organized Crime has been used in prosecution of offenses that would astound the original legislators of that law.
There are many who question the validity of such practices. What is your opinion of this trend in law enforcement?
RESPONSES:
"The original intent of the RICO statute to seize the proceeds of illegal activities, was laudable and has resulted in law enforcement agencies getting
equipment the otherwise never would have received. However, the trend, especially I some rural areas, is to seize money and property from people solely for the purpose of enriching the seizing agency and not
to take the profit out of crime.
Law-abiding citizens on vacation or traveling to purchase equipment have had their cash seized on the principle that anyone with over a set amount of money must have gotten it illegally. There is no DUE PROCESS involved. The law must be rewritten to stop these abuses."
Sgt188@cops.com
"It's simply put. As long as the intent is to remove a part of the criminal's tools from society, it is OK. But if it's just a tool of a revenue hungry city or town,
then it is unjust."
Belmar-How@webtv.net
EDITORIAL NOTE:
CIVIL FORFEITURE - THE MAGIC BULLET?
We have
entered the 21st Century at a time when the drug cartels and organized crime rival the power of the nation-states of this world.
Each decade of the 20th Century saw how the traffic in illicit drugs brought untold wealth and power to those who gain from the enslavement of millions. The arrogance that goes with such power nauseates the senses. The drug cartels have acquired such wealth that they can export their power and influence worldwide. Assassination of political figures, judicial officials and police has become a weapon in their arsenal of greed.
When we consider such wealth and power, we must realize that such a threat to the order to the body politic and very existence of nation-states could not exist without the cooperation of the financial and
corporate organizations that have become global institutions. The money laundering of profits from the international drug dealing is a disgrace. When the financial profits of international banks and
corporations are influenced by drug cartels bloated with illegal money, our very survival as a free nation is at stake.
The corruption of our political and judicial figures as well as our law
enforcement officials is an ever- present threat. When we consider the destruction of the political institutions of some Latin American countries, we can see the pattern for our own national decline.
Those of us in law enforcement are eyewitnesses to the end product of the international drug cartels. We see the human misery and destruction of lives resulting in the sale and distribution of
narcotics. Cops see the reality of the evil of the drug trade. They witness their fellow cops slain in the so-called "War on Drugs". The ranks of cops standing at attention for the
"Inspector's Funeral" of men and women of the NYPD killed in the line of duty touches the souls of the honest citizens of America. The bagpipes play the hymn "Amazing Grace" and the slain
cop is entombed forever. A grateful City of New York presents medals and flags to the family of the hero, but how do we avenge the deaths of these officers?
The Cayman Islands are located in the
West Indies in the beautiful Caribbean Sea. They are a dependency of Great Britain.
Tourism and international banking form the backbone of the economy. They have a resident population of slightly more than 25,000. Members of the NYPD who are close friends recently visited the Cayman Islands. As they told me of the enormous villas that have been constructed on these tiny islands, I thought of a book entitled: "America, Who really Pays the Taxes?" written by Bartlett and Steele. I remembered a passage in that book:
".....you might want to ponder the purpose of the following classified advertisement, which appeared in the 1993 issue of The Washington Lawyer, the official journal of the District of Columbia bar:
Call the Caymans or anywhere else (US, Canada) with no phone bill record. Traceless touch-tone telephoning via 1-900-STOPPER (786-7737). Free information: 800-235-1414.
Private Lines, Inc. (operated by D.C. Bar member)."
Donald L. Barlett and James B. Steele, America: Who Really Pays the Taxes, (New York, Simon & Schuster 1994) pp. 203-204.
The authors went on to say:
"The Cayman Islands are so dedicated to maintaining their reputation for financial secrecy that over the years they have resisted attempts by the U.S. Government to break
down the confidentiality barriers. Back in the 1970s, when U.S. tax authorities inquired about certain accounts, the Cayman government responded by passing the Confidential (Relationships) Preservation Law.
That law made it a crime for a local bank officer or other official to divulge information relating to a customer or client account."
Ibid., pp. 206-207.
I mentioned the Cayman Islands not to
single them out for criticism, but to illustrate how financial records are being protected in from the laws of the nation-states of the International Community.
When we consider how the past policies of Switzerland have resulted in lawsuits by victims of the Holocaust of World War II, such secrecy of the financial records by legitimate governments is puzzling.
That
brings us to the issue at hand.
Is civil forfeiture of the proceeds of crime the "Magic Bullet" that will enable the legitimate governments of the world to fight the untold wealth of the drug cartels? Do we already have such a weapon readily available?
In 1970, Congress enacted the Organized Crime Control Act.
One section of that Act is the Racketeer Influenced and Corrupt Organizations (RICO) section. Strike Forces were set up comprised of Assistant US Attorneys with investigative staffs comprised of agents from the FBI, Secret Service, Drug Enforcement Administration, Postal Inspection Service, Bureau of ATF, the Internal Revenue Service, the Department of Labor, US Customs, the Immigration and Naturalization Service, US Marshal's Service, and the Security and Exchange Commission. State and local personnel were also to be part of the Strike Force. This Act enabled the US government to seize the assets of organized criminals.
Civil forfeiture procedures were put into the law that enables us to destroy the ability of those criminals to profit from their enterprises. This law has been used effectively since its enactment.
The law has been attacked on many fronts. The wealth and power that has been accumulated by international criminals is arrayed against this law.
They know that this law will someday be used to seize the fruits of their criminality. When we have elected political leaders with the "right stuff", we may see just how powerful a weapon civil forfeiture can be.
New York City recently adopted a policy of forfeiting the vehicles driven by persons arrested for drunk driving.
That policy came under heavy criticism. A suit was brought by a person who had been arrested and was represented by the New York City Civil Liberties Union. The New York State Supreme Court unanimously upheld the constitutionality of the program. Now, the same civil forfeiture procedures will be extended to acts of reckless driving and excessive speeding. There will be weeping and gnashing of teeth by many in society, however, the saving of lives and the restoration of safety and sanity to the streets of New York City is supported many others in our town.
These measures pale in comparison to what is needed to deal with the international drug trade.
However, let us remember that great accomplishments can begin with such efforts. These civil forfeiture programs are showing us the way to go in dealing with the larger problems of criminality. They are similar to the "Fixing Broken Windows" Theory. If we deal effectively with the quality of life issues that impact on the daily lives of our citizens, then we can flex our muscles and deal more effectively with the more serious problems. The court decisions that establish the case law for civil forfeiture of assets enable competent political leaders to punish the drug dealers in the only language that they understand. We can seize their wealth and profits. Make no mistake. The drug cartels, those that profit from their enterprises and their puppet legal advisors will make every effort to deter civil forfeiture. They know that the legal seizure of their assets is the greatest threat to their wealth. It may well prove to be the "magic bullet" in dealing with the organized criminals both here and abroad. The destruction of the illicit drug industry may begin in the same way that crime was reduced in the City of New York. When we seize the cars and money of drug users who purchase drugs, we threaten the wealth of the drug-lords too.
Some argue that governments can abuse civil forfeiture power. There is some truth to that. However, our courts and our elected officials must be held accountable for how that power is exercised.
The abuse of power is a much lesser threat to our liberties than the threat of the international drug cartels that can corrupt officials with bribes and terrorism.
CaptainReuss@Verizon.net
Copyright © 2000 Edward D. Reuss
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