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« A LOST NATIONAL TREASURE | Main | Conspiracy FACT, OR accidental theory »

July 09, 2008

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Ross Wolf

In 2008 Telecoms were granted government immunity after they helped U.S. Government spy on millions of Americans’ electronic communications. Neither Congress nor the courts—determined what NSA electronic surveillance could be used by police or introduced into court by the government to prosecute citizens.

In 2004, former Attorney General John Ashcroft asked government prosecutors to review thousands of old intelligence files including wiretaps to retrieve information prosecutors could use in “ordinary” criminal prosecutions. That was shortly after a court case lowered a barrier that blocked prosecutors from using illegal-wire tap evidence in Justice Dept. “Intelligence Files” to prosecute ordinary crimes. It would appear this information, may also be used by government to prosecute civil asset forfeitures. See: http://www.securityfocus.com/news/5452

Police too easily can take an innocent person’s hastily written email, fax or phone call out of context to allege a crime or violation was committed to cause an arrest or asset forfeiture. Under federal civil forfeiture laws, a person or business need not be charged with a crime for government to forfeit their property. The Patriot Act specifically mentions using Title 18USC asset forfeiture laws: those laws include a provision in Rep. Henry Hyde’s 2000 bill HR 1658—for “retroactive civil asset forfeiture” of “assets already subject to government forfeiture”, meaning "property already tainted by crime" provided the “property” was already part of or “later connected” to a criminal investigation in progress" when HR.1658 passed. That can apply to more than two hundred federal laws and violations.

Obama’s recently signed executive order EO 12425 that will now allow U.S. police to circumvent the Fourth Amendment by working with INTERPOL in criminal and Civil Investigations. U.S. Police can now bring INTERPOL into a civil or criminal investigation to circumvent the Fourth Amendment to share in assets seized from Americans and Europeans. There are over 200 U.S. laws and violations mentioned in the Civil Asset Forfeiture Reform Act of 2000 and the Patriot Act that can subject property to civil asset forfeiture.

Since the U.S. Patriot Act passed, several European Countries entered into Asset Forfeiture Sharing Agreements with the U.S. With such a weak U.S. statute of limitations and the low standard of civil proof needed for U.S. Government to forfeit property “A civil preponderance of Evidence”, it is problematic INTERPOL working with U.S. law enforcement and private contractors will want access to Foreign Bank Records, telecom/NSA and other government wiretaps perhaps illegal, to secure evidence to arrest Americans and Europeans and or civilly forfeit their assets under Title 18USC and other laws.

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