-Caveat Lector-
------- Forwarded Message Follows -------
Date sent: Sat, 19 Jun 1999 01:20:17 -0700
From: [EMAIL PROTECTED]
Subject: URGENT ACTION ITEM - Asset Forfeiture Vote
To: [EMAIL PROTECTED] (Libertarian Party announcements list)
Send reply to: [EMAIL PROTECTED]
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URGENT ACTION ITEM!
FROM THE LIBERTARIAN PARTY
===============================================
Watergate Office Building
2600 Virginia Avenue, NW, Suite 100
Washington DC 20037
Phone: (202) 333-0008 Ext. 222
E-mail: [EMAIL PROTECTED]
For information about the party: (800) ELECT-US
===============================================
June 19, 1999
===============================================
U.S. House will vote Wednesday on bill
to reform asset-forfeiture laws
*** Immediate action required! Telephone your House
representative immediately.
Friends:
The U.S. House of Representatives is scheduled to vote on
Wednesday, June 23, on a bill that would dramatically reform
civil asset-forfeiture laws, which allow the government to
confiscate the property of innocent Americans without even
charging them with a crime. We are asking everyone who receives
this message to *immediately* contact your House representative
and ask him or her to vote YES on HR 1658, The Civil Asset
Forfeiture Reform Act of 1999, sponsored by Rep. Henry Hyde,
R-IL.
BACKGROUND:
Congress began enacting asset forfeiture laws in 1970 to
permit the government to seize the property of the Mafia and
major drug smugglers without having to convict them in court.
Such laws have spread like wildfire since then -- currently
there are over 200 on the federal books. Last year, the Justice
Department confiscated 42,454 cars, boats, houses, and other
assets worth over $604 million, according to its own admission.
Police at all levels routinely use these laws to confiscate
the possessions of thousands of innocent Americans without
producing a search warrant, arresting them, or charging them
with a crime. Shockingly, Americans who want their property back
have to go to court to "prove" they haven't committed a crime.
These prove-you're-not-a-criminal laws have another
outrageous aspect as well: In order to have the "right" to
contest the seizure in court, victims first have to post a cash
bond and hire a lawyer -- even though in some cases the
government has already seized their money to begin with.
Thanks to asset forfeiture laws passed by Republicans and
Democrats, the cops have become *worse* than the robbers.
According to the U.S. Department of Justice, bank robbers stole
assets worth a total of $28 million in 1994. But during the same
year, federal prosecutors confiscated $2.1 *billion* in cars,
boats, homes, and other property -- according to asset
forfeiture expert James Bovard. That means that government
"criminals" confiscated 75 times as much property as private
criminals!
That's why it's so important to demand that Congress pass
HR 1658 -- we must seize this opportunity to stop the government
from seizing our property.
The Libertarian Party Platform calls for *repealing* asset
forfeiture laws rather than reforming them. But until we elect
enough Libertarians to Congress to achieve that, we will support
any measure that would weaken the government's power to seize
your property -- and HR 1658 would do that.
Currently Rep. Hyde's bill has 59 co-sponsors, including
U.S. Rep. Paul, R-TX, the Libertarian's Party's former
presidential candidate. This legislation is supported by a wide
range of civil liberties groups, including the National Rifle
Association, the American Civil Liberties Union, Americans for
Tax Reform, the National Association of Criminal Defense
Lawyers, Forfeiture Endangers American Rights, and the American
Bar Association.
HR 1658 would dramatically reform current law by:
* Requiring the government to prove by "clear and
convincing evidence" that property is subject to forfeiture.
(Current law requires only a "preponderance of evidence"
standard.)
* Eliminating the requirement that a property owner file a
10 percent bond to challenge a seizure.
* Providing for an "innocent owner" defense, so that people
who were unaware that their property was being used unlawfully
could have it returned.
* Requiring the government to notify in writing anyone
whose property has been seized, and forcing the government to
return the property if such notice is not given.
* Allowing property owners to sue the government for
destruction of seized property while in its possession.
* Awarding interest payments to property owners who
successfully get their property back.
WHAT TO DO:
Contact your U.S. House representative today by calling the
Congressional switchboard at 202-225-3121 or 202-224-3121. Then
ask to speak to the office of your Representative.
You can ask for the e-mail address of a particular
Congressman once you are connected to that office, or look up
their address at http://house.gov However, we recommend that you
call because telephone calls will be answered and counted before
the vote on Wednesday -- but there's no guarantee that e-mails
will be tallied before then.
WHAT TO SAY:
(1) Identify yourself and let them know you are a voter in
their district.
(2) Ask them to vote YES on HR 1658, sponsored by Rep.
Henry Hyde, when it comes to a vote on Wednesday. (This is the
Civil Asset Forfeiture Reform Act of 1999.)
(3) Ask them to vote AGAINST any weakening amendments.
Is there anything else you can do? Yes! Forward this e-mail
to a friend, and ask them to call their representative, too.
With your help we can force Congress to start respecting your
rights by reforming asset forfeiture laws.
Sincerely,
Steve Dasbach
National Director
Libertarian Party
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