IP: Re: Asset forfeitures - piracy (fwd)

[Dave Farber <farber () cis upenn edu>]

> To: farber () cis upenn edu
> From: Barry Steinhardt <Barrys () aclu org>
> Subject: Re: IP: Asset forfeitures - piracy (fwd)
> Cc: Phil Gutis <philg () aclu org>
>
> Dave,
>
> For IP readers who would like to take action on the asset forteiture issue,
> here is the ACLU Action ALERT.
>
> Included with the ALERT is a link to a free fax that can be sent to the
> readers' US Senators. Full information on the status of the issue in the
> Congress and the web to fax gateway can be found at
> http://www.aclu.org/action/assets106.html.
>
>
> Barry Steinhardt
>
>
>             Law Enforcement Abuses
>             Authority to Seize Property
>             Imagine that federal law enforcement officials had the right to 
>             seize your property -- your home, your car, your business --
> and you 
>             hadn't even been convicted of a crime. Unfortunately, under a
> system 
>             called "asset forfeiture," this is the law of the land. 
>             Currently asset forfeiture is used by federal law enforcement 
>             officials as a dream way to fill their coffers by seizing assets 
>             allegedly used in a crime. But asset forfeiture has become a 
>             nightmare for many Americans who have been accused of a crime but 
>             have not been proven guilty. In many cases, even when the accused 
>             citizens are found innocent, they face an expensive struggle with 
>             government bureaucrats to recover their property. Many times they 
>             are unsuccessful in ever recovering their property. 
>             To help remedy this problem, the House of Representatives has
> passed 
>             HR 1658, the "Civil Asset Forfeiture Reform Act of 1999." This 
>             legislation would shift the burden of proof from guilty until
> proven 
>             innocent by requiring the federal government to prove with
> clear and 
>             convincing evidence that property is subject to forfeiture if the 
>             seizure is challenged by the property owner. It would also permit 
>             judges to order law enforcement agencies to release property
> they've 
>             seized before the case is resolved if continued possession by the 
>             government would pose substantial hardship to the property owner. 
>             The Senate has yet to act on this legislation. Contact your
> Senators 
>             and urge them to consider and support the Civil Asset Forfeiture 
>             Reform Act of 1999! 
>             Stop Federal Law Enforcement Agents from Wrongfully Seizing 
>             Property!
>             The rules governing asset forfeiture turn fundamental notions of 
>             fairness and due process on their head. The following are some 
>             serious flaws with the current practice: 
>              Civil forfeiture presumes property owners guilty until proven 
>             innocent. 
>             The process has extremely short periods for filing a claim to 
>             contest the seizure of property. 
>             Unlike the courts, legal counsel is not provided for citizens who 
>             wish to contest an improper seizure. 
>             TAKE ACTION!
>             Fax your U.S. Senators
>
>
>
>
>
>
>
>
>
> ________________________________________________________
> Barry Steinhardt                                212 549 2508 (v)
> Associate Director                              212 549 2656 (f)
> American Civil Liberties Union          Barrys () aclu org
> 125 Broad Street
> New York, NY 10004                              http://www.aclu.org