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This is flatly incorrect. This is a civil proceeding, neither you nor your property are charged with a crime. Instead, a civil (not criminal) forfeiture proceed
by 1_2__3 10y ago
This is flatly incorrect. This is a civil proceeding, neither you nor your property are charged with a crime. Instead, a civil (not criminal) forfeiture proceeding is initiated against your property.
I'm not just being pedantic, this is part of why it's so incredibly fucked. They have, no exaggeration, taken a portion of the criminal legal system with all the constraints and due process requirements there, excised it with a legislative scalpel and grafted it back on to the civil system.
I honestly to this day don't understand why government is allowed any access at all to the civil system as a plaintiff, at least not beyond the local level.
Oh wait, yes I do understand: It's specifically to fuck the people over.
- mahyarm 10y agoSue a contractor for not upholding your contract with the federal / state government? Like road building or whatever else.
- 1_2__3 10y agoI have to imagine there's a giant pile of (criminal) laws they could use to prosecute someone who's trying to defraud the government. But your point is still well-taken, and it's kind of academic anyway - it's an incredibly valuable (and lucrative) tool for the government, of course they're not going to give it up.