Supreme Court Takes Steps Toward Reigning in Asset Forfeiture Abuse
The Supreme Court has placed new limits on criminal asset forfeiture and the government’s ability to seize property from people convicted of drug crimes in a unanimous 8-0 ruling on Monday.
The case surrounded Terry Honeycutt, a Tennessee man convicted for selling iodine water purification filters to methamphetamine producers. Honeycutt is said to have helped to sell over 20,000 filters from his brother’s hardware store; prosecutors argue both brothers knew iodine was used to produce the illicit substance.
Honeycutt’s brother forfeited $200,000 out of $270,000 in profits after pleading guilty. The government attempted to get Honeycutt to hand over the remaining $70,000, but he said he didn’t see any profits from the scheme, and is therefore not responsible.
While a federal appeals court ruled against Honeycutt, concluding that both brothers bore full responsibility for the total sum of money, Supreme Court Justice Sonia Sotomayor, in her opinion for the high court, said forfeiture laws are “limited to property the defendant himself actually acquired as the result of a crime.”
“Congress did not authorize the government to confiscate substitute property from other defendants or coconspirators,” Sotomayor’s opinion said. “It authorized the government to confiscate assets only from the defendant who initially acquired the property and who bears responsibility for its dissipation.”
Former federal prosecutor John Marti said the ruling was the latest effort by the court to attempt to put limits on perceived overreaching prosecutors.
“In short, federal criminal statutes and forfeiture statutes are not blank checks for prosecutors,” Marti said.
In April, the court ruled 7-1 that Colorado cannot hold onto money derived from fines, court fees and other money extracted from defendants if their convictions are overturned, another small step forward in reigning in the abuse of asset forfeiture statutes.
Justice Ruth Bader Ginsburg argued in the majority opinion on that case that “Colorado may not presume a person, adjudged guilty of no crime, nonetheless guilty enough for monetary exactions.”
While Honeycutt v. United States didn’t constitute a major victory, it helps to put limits on whether the government can make defendants hand over criminal profits from which they haven’t benefited, or even personally seen.
Civil asset forfeiture, however, is perhaps the more egregious practice, where government effectively steals assets without any criminal conviction whatsoever. In additon to criminal asset forfeiture, reform is needed here as well.
Delivered by The Daily Sheeple
We encourage you to share and republish our reports, analyses, breaking news and videos (Click for details).
Contributed by Will Porter of The Daily Sheeple.
Will Porter is a staff writer and reporter for The Daily Sheeple. Wake the flock up – follow Will’s work at our Facebook or Twitter.
Source: http://www.thedailysheeple.com/supreme-court-takes-steps-toward-reigning-in-asset-forfeiture-abuse_062017
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Please Help Support BeforeitsNews by trying our Natural Health Products below!
Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST
Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!
HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.
Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.
MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).