Dear Friends of F.E.A.R. (Forfeiture Endangers Human Rights)
We are pleased to announce the new _Forfeiture Endangers American Rights
Foundation Journal_. The battle goes on against the government's abuse of
forfeiture law. And we are proud to chronicle the gains that have been made
federally and on state levels to stop this terrible abuse of American
liberty -- the unjust taking of private property.
Our successes over the years prove that just a few dedicated people can
make a difference in the defense of Liberty. It is at this time of hard won
successes amid the most oppressive government incursions upon the
Constitution that we need your help the most. FEAR Foundation is a
non-profit organization that depends upon the generous support of citizens
desiring to defend one of our most precious liberties: the right to be
secure in the ownership and maintenance of private property.
The unabashed greed shown by the forfeiture lobby has perverted justice in
America. The equity stolen by these forces under the guise of justice is
being used to pursue more forfeiture legislation abuse. The premier issue
of the _FEAR Foundation Journal_ details expanded powers to forfeit under
the USA PATRIOT Act and expanded surveillance powers granted to government
by the secret FISA tribunal. Attorney Jody Neil-Post looks into whether
government can keep seized property when it fails to obtain an order for
forfeiture. (One Circuit decision seems to say that once property is seized
it cannot be returned!)
Another article covers the RAVE Act, which expands forfeiture and 20-year
prison terms for concert promoters and employees. And guess what: within
two months of President Bush signing the undebated bill into law the DEA
used it's $250,000 fine provision to halt free speech at political rallies.
Other articles include “Paypal meets the Patriot Act,” New Zealand's
“jackbooted firemen” foray into science fiction style book
confiscation, seizure of a vehicle because police didn’t like the
pro-life message displayed on the window, and more.
Our success stories include FEAR board president, Brenda Grantland,
detailing the landmark Second Circuit victory holding that New York's
vehicle forfeiture statute violates due process. We then explore
subsequent New York due process challenges. A New Jersey Superior Court
judge found that civil forfeiture provisions allowing police to keep what
they seize violates the due process clauses of the US and New Jersey
constitutions. Of course, NJ police addicted to plunder filed a motion
staying the ruling pending appeal. In Utah forfeiture lobbies continue
trying -- and failing -- to undermine the state’s popular reform measure
that directs forfeited assets to schools rather than police coffers. In
another precedent setting ruling, the Eleventh Circuit reversed a $242,484
civil forfeiture for lack of probable cause.
While we very much appreciate any donations to keep FEAR operating to
defend constitutional government, we ask you to purchase the premier issue
of the FEAR Foundation Journal and receive a double return on your support
of liberty. The Journal will keep you up to date on state and federal
forfeiture schemes and victories, and your investment will allow FEAR to
keep fighting this terrible abuse of this fundamental Right of all
Americans -- the right to own property without fear of police piracy. FEAR
Foundation's ability to publish future issues depends on the success of
this one. We're certain that you will be more than satisfied with your
purchase of _FEAR Foundation Journal Volume 1 Number 1_.
Please take the time and purchase the premier issue of our new Journal and
lend a hand to defeat Governmental piracy of personal property.
SPECIAL PRE-PUBLICATION OFFER:
Act now to get a discount rate and help us get our premier issue to the
printer! Pre-paid orders of FEAR Foundation Journal, Volume 1 Number 1 are
available for only $6.95, postpaid. Take advantage of this pre-press price
and save $2.00 off the post-publication price. Whatever you do, don’t
miss receiving this important publication.
It’s ready to go to press -- here’s a summary of the contents of this
20-page issue:
Krimstock v. Kelly: 2nd Circuit rules New York City forfeiture statute
violates Due Process by failing to provide prompt post seizure hearing by
Brenda Grantland (cover story)
New York: Nassau County Supreme Court justice invites challenges in light
of 2nd Circuit Krimstock ruling (cover story)
Court finds New Jersey forfeitures unconstitutional—Police addicted to
plunder can't quit cold turkey: state files motion to stay ruling pending
appeal (cover story)
11th Circuit reverses $242,484 civil forfeiture—Court draws line for
probable cause: "More than mere suspicion Is necessary" to separate
property from owner (page 3)
Forfeiture lobby tries but fails to thwart popular Utah forfeiture reform
law (page 3)
Government seizes Internet site, assumes domain name (page 4)
Paypal threatened with Patriot Act forfeiture (page 4)
New Hampshire police arrest nine students in attempt to forfeit college
dormitory (page 5)
New Zealand’s “jackbooted firemen”knock at the door, confiscate
banned books (page 5)
FISA: Secret tribunal expands surveillance powers under USA PATRIOT
Act—First ever ruling by secret spy court of review (page 6)
New federal law effectively prohibits gatherings, dancing, music and free
speech—RAVE Act creates new triggers for forfeiture by broadening
violations under 21 USC 856, making criminals out of nightclub owners,
concert promoters and employees who host or manage entertainment events.
Within two months of Bush signing the Act into law the government used the
Act to threaten venue owners into shutting down political rallies (page
8)
Police seize vehicle due to pro-life message (page 9)
US Asset Forfeiture Fund slips (page 9)
US forfeiture goes offshore by Robert E. Bauman ( page 10)
Must government return seized property it fails to forfeit? Clymore III &
Aquirre consolidated by 10th Circuit by Jody Neal-Post, Esq. (page 11)
Misappropriated plunder used for personal gain (page 15)
Georgia state audit questions disposition of $12 million in forfeited
assets (page 15)
Aussies mimic harsh US forfeitures: "Sentence first, verdict afterward”
(page 18)
USA Patriot Act expands forfeitures—excerpted from FEAR's Asset
Forfeiture Defense Manual (page 18)
Please check our web site, http://www.fear.org, from time to time for any
changes to this offer. Or you may call us at (415)389-8551.
____________________________________________________________________________
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To obtain the premier issue of Forfeiture Endangers American Rights
Foundation Journal, send $6.95 in cash, check or money order to:
FEAR FOUNDATION
(Journal Order)
265 Miller Ave.
Mill Valley CA 94941
Alternatively, you may order using your credit card from our website,
http://www.fear.org/ordform.html. We use PayPal to service our credit card
orders which has proven to be reliable and safe.
We very much appreciate Judy Osburn's outstanding effort in editing this
journal.
Leon Felkins, Executive Director
Email: leon@fear.org
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