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Author Topic: Civil forfeiture expanded  (Read 4848 times)
Travoli
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« on: June 09, 2016, 07:49:30 PM »

In the USA, "Civil forfeiture in the United States, sometimes called civil judicial forfeiture or occasionally civil seizure, is a controversial legal process in which law enforcement officers take assets from persons suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing."

This is being abused by police departments. In some states, large sums of cash have been confiscated purely on the suspicion it will be used to buy drugs. In some cases, cash was seized even when the owner had documentation showing they were on their way to buy a used automobile, etc... and many times the money isn't returned.

Civil forfeiture has now expanded beyond cash to include bank account funds of any debit card you are carrying.
"Now, the Oklahoma Highway Patrol has a device that also allows them to seize money in your bank account or on prepaid cards. It's called an ERAD, or Electronic Recovery and Access to Data machine, and state police began using 16 of them last month. Here's how it works. If a trooper suspects you may have money tied to some type of crime, the highway patrol can scan any cards you have and seize the money. "

Be careful out there.

http://www.news9.com/story/32168555/ohp-uses-new-device-to-seize-money-used-during-the-commission-of-a-crime


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Mackin USA
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« Reply #1 on: June 09, 2016, 07:50:32 PM »

Fers
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Mr. Mackin
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« Reply #2 on: June 09, 2016, 07:52:57 PM »

In the US, I believe that most bank ATM cards are also debit cards.
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Brad
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« Reply #3 on: June 09, 2016, 08:24:50 PM »

Another reason not to have a debit card!

Civil Forfeiture is unconstitutional IMHO.
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Travoli
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« Reply #4 on: June 09, 2016, 08:37:24 PM »

>most bank ATM cards are also debit cards.

That's correct. Probably smart to reduce funds in any wallet-accessible accounts.
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littleman
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« Reply #5 on: June 20, 2016, 07:27:55 PM »

I was reading up on this today, some states are much worse than others:
https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United_States#States
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Mackin USA
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« Reply #6 on: June 21, 2016, 01:23:15 PM »

Good folks know what's up

North Carolina
    Abolished civil forfeiture almost entirely.
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Mr. Mackin
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« Reply #7 on: August 10, 2016, 05:00:28 PM »

Related/reasoning behind card searches, perhaps?

http://www.reuters.com/article/us-usa-regulations-moneylaundering-insig-idUSKCN10L0FC
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rcjordan
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« Reply #8 on: August 11, 2016, 04:20:55 PM »

Related: DEA scanning travelers for cash

http://www.usatoday.com/story/news/2016/08/10/dea-travel-record-airport-seizures/88474282/
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Drastic
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« Reply #9 on: August 11, 2016, 05:24:16 PM »

[“They count on this as part of the budget,” said Louis Weiss, a former supervisor of the DEA group assigned to Hartsfield-Jackson Atlanta International Airport. “Basically, you’ve got to feed the monster.”

In most cases, records show the agents gave the suspected couriers a receipt for the cash — sometimes totaling $50,000 or more, stuffed into suitcases or socks — and sent them on their way without ever charging them with a crime.]

Just like most things (everything gov't), it's all about the money.

I think they have an electronic way of scanning for large amounts of bills.
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rcjordan
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« Reply #10 on: August 26, 2016, 10:05:13 PM »

As it happens, we just had an incident.  Looks like I'm going to quit carrying my ATM card unless we can require a PIN on all transactions. My email to the local bank (FCB) service rep is below.

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Wednesday, my wife mistakenly used her ATM/debit card (mistaking it for a charge card) at a restaurant here in Elizabeth City.  Though my wife told the cashier it was a credit card, we later noticed that the cashier simply processed the debit card and by-passed the PIN.  The paper receipt states "Mode: Issuer - PIN Bypassed".

Other than at ATMs (99% FCB machines) we do not use debit cards due to security issues. Though we expect this particular instance to be no problem, the PIN being casually bypassed by a vendor *DOES* concern us very much.

Is there a way to make a MANUAL keyboard entry of the PIN required & mandatory on all of our FCB debit card transactions?

The bank rep confirmed that the transaction will come out of checking directly. She did not answer the question about requiring a PIN.  Louise will stop by the bank sometime next week for an eyeball-to-eyeball chat, but I'm not expecting any way to lock this down.
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Mackin USA
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« Reply #11 on: August 27, 2016, 03:41:12 PM »

FCB

Futbol Club Barcelona, commonly known as Barcelona and familiarly as Barça, is a professional football club, based in Barcelona, Catalonia, Spain.
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Mr. Mackin
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« Reply #12 on: September 20, 2016, 12:48:18 PM »

NYPD admits accounting for its civil-forfeiture seizures is hopeless

https://www.rt.com/usa/359913-nypd-civil-forfeiture-data/
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Travoli
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« Reply #13 on: September 20, 2016, 05:57:46 PM »

I'm genuinely curious how much abuse the general public is willing to accept before we collectively snap.
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rcjordan
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« Reply #14 on: September 20, 2016, 06:08:56 PM »

>snap

We are already in a heavily militarized police state that is, in some ways, faaaar further along than Orwell could have imagined.  But, I think we are more like the surface-dwellers in 'Time Machine' than revolutionaries and are content to just keep waiting for the next siren to blow.
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