FEAR Foundation Journal
Vol. 1 No. 1

Fall 2003
posted on FEAR website 4/10/2004

In the fall of  2003, FEAR introduced a new publication, the FEAR Foundation Journal.  Edited by Judy Osburn, who co-authored FEAR's Asset Forfeiture Defense Manual, and edited the FEAR Chronicles newsletter for several years, this new publication is a cross between a newsletter and a scholarly law journal.  Like the FEAR Chronicles newsletter, it reports forfeiture news around the globe.  This publication stretches to 20 pages and includes in-depth analysis of recent forfeiture decisions. 

This first issue has several articles about recent landmark decisions in the courts -- many of them ruling in our favor on Constitutional grounds.  With our chances of legislative forfeiture reform diminished by the current political climate, it is so uplifting to see the courts take the lead in forfeiture reform!

This is a very important publication, but unfortunately FEAR does not yet have the financial means to publish a second issue.  If you think this publication is important enough to continue publishing, please make a contribution to FEAR, or write us if you're willing to subscribe to future publications of this journal.  Unless we have a critical mass of subscribers, we can't afford to continue publishing it.

The first issue of the Journal is now posted here on the FEAR website, for viewing free of charge.  Although these materials are copyrighted by FEAR, we permit reprinting for distribution without charge if the separate article or PDF format newsletter is reprinted in its entirety.  We also permit republication of individual articles so long as the entire article is included without editing, and attribution is given to FEAR Foundation Journal, Forfeiture Endangers American Rights Foundation, 20 Sunnyside Suite A-419, Mill Valley, CA 94941.  Please ask our permission before reprinting an article in a publication for sale (by subscription or otherwise.)

Download the entire journal, in PDF format.  Or bowse the individual articles in html format below.

Inside Volume 1 Issue No. 1:

Krimstock v. Kelly - Second Circuit holds NYC forfeiture statute unconstitutional for failing to provide a prompt post-seizure probable cause hearing

Nassau County Judge Invites Challenges Pursuant to Krimstock

New Jersey 1990 Ford Thunderbird - FEAR Board member Scott Bullock's groundbreaking victory, in which the trial court held it violates Due Process for forfeiture prosecutors to profit from their forfeitures

11th Circuit reverses $242,484 civil forfeiture, draws probable cause line - Drug dog alerts are not enough, standing alone, to forfeit cash seized at highway forfeiture traps, the conservative 11th Circuit holds -- applying the pre-CAFRA  burdens of proof, where all the government had to show was a mere probable cause!

Forfeiture lobby fails to thwart popular Utah reform law

Government seizes Internet site, assumes domain name

Paypal meets Patriot Act

College dorm forfeiture?

New Zealand’s "jackbooted firemen" confiscate books

FISA: Secret tribunal expands surveillance powers

New federal law prohibits gatherings

Police seize vehicle due to pro-life message

Asset Forfeiture Fund slips

US forfeiture goes offshore

Must government return seized property it fails to forfeit? - consolidated cases of Clymore and Aguirre pending Tenth Circuit will decide that issue

Misappropriated plunder

What happened to GA’s $12 million in forfeited assets?

USA Patriot Act expands forfeitures

FEAR’s Asset Forfeiture Defense Manual