-Caveat Lector- <A HREF="http://www.ctrl.org/"> </A> -Cui Bono?- .............................................................. >From the New Paradigms Project [Not Necessarily Endorsed]: Conspiracy Shopping Cart: http://a-albionic.com/shopping.html From: Brenda Grantland <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Subject: FEAR: Hyde bill compromise reached Date: Friday, March 24, 2000 1:59 PM >From Bob Bauman Dear All: I just got off the phone (1:15 pm Thursday) with Hyde's staff and here are highlights of the agreed upon compromise between Rep. Hyde and the DOJ. It has the agreement of DOJ, Hatch, Leahy, Sessions, Shumer and the President is said to be willing to sign it. Police groups are opposed and unhappy because they see it as a curb on "their" cash money cow. >From my notes, her's what the compromise bill will include: >From House (Hyde) bill: * preponderance of the evidence standard * attorneys fees for indigent counsel * no cost bond unless judge finds claim to be frivolous * compensation for damages to property * innocent owner defenses; 1) owner has "safe harbor" from forfeiture if he knew of and then notified police of possible misuse of his property; 2) later owner of property is protected if acquired for fair value and without knowledge of past criminal use Other provisions: * accused "facilitating" property must be proven to have a "substantial" connection to alleged criminal acts * a new definition of "criminal proceeds" 1) If illegal goods are involved, "gross proceeds" are forfeited; 2) if "legal goods" are involved, only "net proceeds" can be taken. Under pressure from Hyde's threatened walk out DOJ dropped their demands for: * expansion of federal prosecutorial power to use grand jury findings as instrument for forfeiture * IRS records will not be available as basis for forfeiture DOJ got these concessions: * statute of limitations lengthened (don't know how much) * fugitives cannot challenged forfeiture proceedings * criminal forfeiture is extended to all cases in which civil forfeiture is now permitted by law * in cases where owner refuses to waive bank or other financial secrecy laws in an offshore haven nation, the refusal alone is grounds for court to impose judicial sanctions (fines) up to the amount of the government's forfeiture claim. * in the case of fungible bank or other accounts, government can take any cash in accounts even if none of the funds are alleged to be used in crime, so long as they allege account was once used for illegal purposes. LAWMAKERS, RENO REACH DEAL ON PROPERTY SEIZURE BILL Mar. 22, 2000 - After weeks of negotiations, House and Senate lawmakers have reached a deal on legislation to revamp the nation's civil asset forfeiture laws, allowing the House-passed bill (HR 1658) to be considered by the Senate Judiciary Committee as early as Thursday. Sen. Jeff Sessions, R-Ala., a key player in the debate, said he was "quite pleased" with the deal that was reached and was "cautiously optimistic" that the markup would take place Thursday. He said the negotiations were an example of "the Senate at its best." "I believe we have reached an agreement that will allow this bill to move forward," he said Wednesday. Sessions, Senate Judiciary Committee Chairman Orrin G. Hatch, R-Utah and House Judiciary Committee Chairman Henry J. Hyde, R-Ill., met with Attorney General Janet Reno on Wednesday afternoon to discuss the measure, which aims to curb the power of law enforcement to seize private property believed to be linked to a crime. Sessions said the resulting bill contains "enhanced protections for property owners without significantly hampering law enforcement efforts." Hyde has been trying to rein in federal forfeiture power for years, while Sessions and several Senate Judiciary panel members, along with the Justice Department, have been more reluctant to do so, saying it is a key law enforcement tool in the fight against illegal drugs. Sessions' supporters and the Justice Department have been pushing to include several provisions in the bill that Hyde supporters argue would greatly expand federal forfeiture power. While the details of the agreement were unclear, Sessions said there is "an awful lot" in the bill that he wanted. A House source said Hyde was prepared to walk away from the deal as late as Wednesday morning because he thought it went too far in favor of expanding forfeiture power. But Sessions and Reno agreed to remove some of the provisions he objected to. The source said the new version would win approval from the White House. Hatch and ranking panel Democrat Patrick J. Leahy, Vt., worked for weeks to craft a compromise between Hyde's bill and a narrower bill (S 1701) by Sessions. To unsubscribe, email [EMAIL PROTECTED] with this in the body: UNSUBSCRIBE FEAR-list Shop for Cars On-Line: http://a-albionic.com/ads/srch.html Forwarded for info and discussion from the New Paradigms Discussion List, not necessarily endorsed by: *********************************** Lloyd Miller, Research Director for A-albionic Research (POB 20273, Ferndale, MI 48220), a ruling class/conspiracy research resource for the entire political-ideological spectrum. 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