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The Washington Post:
Joseph Rivers was hoping to hit it big. According to the Albuquerque Journal, the aspiring businessman from just outside of Detroit had pulled together $16,000 in seed money to fulfill a lifetime dream of starting a music video company. Last month, Rivers took the first step in that voyage, saying goodbye to the family and friends who had supported him at home and boarding an Amtrak train headed for Los Angeles.
He never made it. From the Albuquerque Journal:
The agent found Rivers's cash, still in a bank envelope. He explained why he had it: He was starting a business in California, and he'd had trouble in the past withdrawing large sums of money from out-of-state banks.
The agents didn't believe him, according to the article. They said they thought the money was involved in some sort of drug activity. Rivers let them call his mother back home to corroborate the story. They didn't believe her, either.
The agents found nothing in Rivers's belongings that indicated that he was involved with the drug trade: no drugs, no guns. They didn't arrest him or charge him with a crime. But they took his cash anyway, every last cent, under the authority of the Justice Department's civil asset forfeiture program.
He never made it. From the Albuquerque Journal:
A DEA agent boarded the train at the Albuquerque Amtrak station and began asking various passengers, including Rivers, where they were going and why. When Rivers replied that he was headed to LA to make a music video, the agent asked to search his bags. Rivers complied.
The agent found Rivers's cash, still in a bank envelope. He explained why he had it: He was starting a business in California, and he'd had trouble in the past withdrawing large sums of money from out-of-state banks.
The agents didn't believe him, according to the article. They said they thought the money was involved in some sort of drug activity. Rivers let them call his mother back home to corroborate the story. They didn't believe her, either.
The agents found nothing in Rivers's belongings that indicated that he was involved with the drug trade: no drugs, no guns. They didn't arrest him or charge him with a crime. But they took his cash anyway, every last cent, under the authority of the Justice Department's civil asset forfeiture program.
Rivers's life savings represent just a drop in the Justice Department's multibillion-dollar civil asset forfeiture bucket. Rivers has retained a lawyer in the hope of getting at least some of his money back. Rivers says he suspects he may have been singled out for a search because he was the only black person on that part of the train.
There is no presumption of innocence under civil asset forfeiture laws. Rather, law enforcement officers only need to have a suspicion -- in practice, often a vague one -- that a person is involved with illegal activity in order to seize their property. On the highway, for instance, police may cite things like tinted windows, air fresheners or trash in the car, according to a Washington Post investigation last year...Once property has been seized, the burden of proof falls on the defendant to get it back -- even if the cops ultimately never charge them with a crime. "We don’t have to prove that the person is guilty," an Albuquerque DEA agent told the Journal. "It’s that the money is presumed to be guilty."
There is no presumption of innocence under civil asset forfeiture laws. Rather, law enforcement officers only need to have a suspicion -- in practice, often a vague one -- that a person is involved with illegal activity in order to seize their property. On the highway, for instance, police may cite things like tinted windows, air fresheners or trash in the car, according to a Washington Post investigation last year...Once property has been seized, the burden of proof falls on the defendant to get it back -- even if the cops ultimately never charge them with a crime. "We don’t have to prove that the person is guilty," an Albuquerque DEA agent told the Journal. "It’s that the money is presumed to be guilty."
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