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June 30, 2013

Will the Feds Arrest You and Freeze Your Assets?


Here’s how the Feds do business . . .

  • They pass legislation creating new crimes, even though they have no Constitutional authority to do so. Then…
  • They arrest you based on these statutes and use another un-Constitutional provision — Asset Forfeiture — to either seize or freeze your assets before you’ve had a trial. As a result…
  • You can’t afford to defend yourself, or even continue living, and so…
  • You “cut a deal,” accepting some kind of punishment, even though you may be completely innocent.

This isn’t law. It’s criminality on a grand scale.

Imagine yourself caught up in this meat grinder. It could easily ruin your life. Now imagine something else…

  • This is happening to other people RIGHT NOW
  • Do you feel any empathy for them?
  • Would you want someone to come to your aid if you were in their position?
  • Will you come to their aid now?

This is what you can do…

  • We want to file a Supreme Court brief in the case Keri L. Kaley v. United States
  • This brief will argue that defendants must be given a hearing where they can challenge asset freezes in advance
  • We need your help to fund this brief

The logic is simple. Freezing assets is a punishment. Punishment violates the presumption of innocence. Therefore…

Restrictions on a defendant’s use of funds must be extremely minimal, in the same way that the bail-system places only minimal restrictions on a defendant's freedom of movement.

Our attorneys want to use these three lines of attack…

  • The Asset Forfeiture statute is unConstitutional
  • Asset Forfeiture has been abused
  • The Grand Jury system has been corrupted, so that it no longer protects from unfair prosecutions and asset freezes and seizures

This last point is crucial. The Feds contend that a Grand Jury hearing serves the function of the hearing requested in the Kaley case, and that a Grand Jury indictment is sufficient grounds to permit an asset freeze. Our attorneys want to refute this with the following points…

  • The Supreme Court has eroded the protections formerly provided by Grand Juries
  • Grand Juries no longer follow the rules of evidence
  • Defendants cannot challenge witnesses
  • Defendants have no right to counsel

The Grand Jury used to stand as a buffer between the citizen and The State. But now, the Supreme Court has moved the Grand Jury squarely on the side of the prosecution.

Our brief wants to change this, and perhaps even begin to undermine Asset Forfeiture. Do you want this to happen? If so…

Please contribute using the form at our secure website.

We need to file this brief on Friday, so we need your help now. We need…

  • at least one donor to invest $1,000
  • 40 donors of varying amounts, including…
  • new or increased, monthly pledgers

Your contribution to this effort can be tax-deductible, if you itemize.

And the five largest donors (pledges are multiplied by twelve months) will receive a printed copy of the brief, just like the ones we’ll be submitting to the U.S. Supreme Court.

Think of how much help you’d want, if you were caught in this meat grinder. And then, please give as generously as you’d hope others would give to help you.

Thank you, in advance, for your support,

Jim Babka
Downsize DC Foundation

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