How prosecutors seize the assets of the innocent
THE names of court cases usually make sense. Think of US v Bernard Madoff or US v Timothy McVeigh. What, then, is US v $35,651.11? Why is Uncle Sam prosecuting a heap of money?
The answer, alas, makes even less sense than the name on the docket. Terry Dehko and his daughter Sandy Thomas (pictured) run a grocery store in Fraser, Michigan. It sells everything from bread to hand-made sausages. Fairly often, someone takes cash from the till and puts it in the bank across the street. Deposits are nearly always less than $10,000, because the insurance covers the theft of cash only up to that sum.
In January, without warning, the government seized all the money in the shop account: more than $35,000. The charge was that the Dehkos had violated federal money-laundering rules, which forbid people to structure their bank deposits so as to avoid the $10,000 threshold that triggers banks to report a transaction to the Internal Revenue Service (IRS).
Prosecutors offered no evidence that the Dehkos were laundering money or dodging tax. Indeed, the IRS gave their business a clean bill of health last year. But still, the Dehkos cannot get their cash back. They offered us 20%, says Ms Thomas, But if we settle, it looks like were guilty of something, which were not.
http://www.economist.com/news/united-states/21588915-how-prosecutors-seize-assets-innocent-grabbing-hand-law
"Civil forfeiture" is an abomination. I would love it to be abolished.