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Sunday, April 16, 2017

S.642 FAIR Act

Rand Paul | 14 April 2017

Bill Text: 
S.642 Fifth Amendment Integrity Restoration Act of 2017” or the “FAIR Act”

Friend --

What would you say if someone walked up to your car, demanded the money you were carrying, and then walked away with it?

You'd call the police, right? What if it wasn't your neighbor, but rather law enforcement that did this to you? Local police, Federal officers, even the IRS and other federal agencies are using this abusive power.

Unfortunately, it happens too often, all across America. It is known as a Civil Asset Forfeiture, and you can have your money, car, home and more taken from you -- all without ever being convicted of a crime.

It is something you and I need to stop -- and now.

I'm doing something about it. I've introduced the FAIR Act (Fifth Amendment Integrity Restoration Act), and I need to spread this message of liberty across the country.

And through the halls of Congress. Will you help today?

The FAIR Act:
  • Restores the integrity of the Fifth Amendment to the Constitution.
  • Shifts the burden of proof from the property owner onto the government, restoring the principle of “innocent until proven guilty."
  • Raises the standard of proof in civil forfeiture proceedings from “preponderance of the evidence” (i.e. more likely than not) to “clear and convincing”
  • Eliminates the forfeiture financial incentive altogether. Federal agencies would no longer be able to seize their way to higher budgets.
  • Allows individuals and small business owners to request a prompt hearing to contest the seizure of their funds for alleged structuring violations.

During the 1980's, as the war on drugs was heating up, Congress passed laws that made it easier for the federal government to seize cars, cash -- even real estate.  Worst of all, Congress also created powerful financial incentives for it to happen.  Once property is seized, it can be auctioned off, and the agency can keep 100 percent of the money.

This is outrageous. And I want it to stop.

This doesn't just capture people who committed a crime. In fact, most civil asset forfeiture cases NEVER get a conviction.

And it doesn't apply to rich people.  This is a tax on the poor and middle class.  If the local police seize $500, and it will cost you $1,000 in lawyers to get it back, who is going to do it?

If you run a small home business and the IRS seizes $50,000 of your cash from your bank account, as happened recently, how are you going to afford to get it back?

You can't, and they know it.

That's why you and I have to stop them from taking it in the first place.

Will you help me spread the work to Congress and to mobilize more Americans for my FAIR act today?

Add Your Name

Allowing local and federal governments to have this power over our lives has massive consequences.

Russ Caswell knows this all too well.  Russ owned a hotel in Massachusetts, run by his family since 1955.  Although Russ was never charged with a crime, he had to wage a five year battle against the DEA because the government claimed drug activity at his hotel.  The evidence? 15 times out of 196,000 room rentals, someone had done something wrong there, without Russ knowing it.

That's less than 1/100 of 1 percent. But they wanted 100 percent of Russ's hotel.

Thankfully, lawyers from my friends at the Institute for Justice took his case pro bono, and years later, he won.

Most aren't so lucky.  Nearly 60,000 Americans had their property seized in his last ten years -- without even a charge filed.  In 81 percent of cases, no conviction occurs.

This is wrong.  And this is why we must push together for my FAIR Act, today

Tell Congress to Pass the FAIR Act

My FAIR Act protects YOU.  It provides an attorney by law. And it forces the burden of proof back to the Government, where it belongs.  You shouldn't have to prove why you can keep your own stuff. That's not America.

This is one of the great injustices of our time.  I hope you can see why this is worth fighting, and I hope you'll join with me today to push for change.

Add Your Name

And while you're there, please help RANDPAC keep spreading the message with a contribution today.

Thank you

Rand Paul MD

By: Tenth Amendment Center | 23 Mar 2017 

Nullify Chapter 22: Close the Federal Asset Forfeiture Loophole 

A federal program is undermining some of the toughest restrictions on asset forfeiture, but states can easily put an end to it.

1 comment:

Liberty-Pac said...

Thank you, to everyone who contributed to making this Google Search term #1 HARD WORK, is a HARD WORK!!! Call your U.S. Senator today, DEMAND they Co-sponsor Rand Pauls Bill S. 642 FAIR Act.....LIGHT IT UP!!! (202) 224-3121