One of the basic tenets of a free society is the right to own property. The U.S. Constitution (and state constuitutions) are quite clear that the right to own property is one of the cornerstones of our form of government. The Fifth Amendment states that no citizen shall be "deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation." The Fourth Amendment protects "the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures. . ."

Yet more and more Americans are finding out that constitutionally protected property rights are meaningless when the government decides to "seize" their property.

Liberty Activists suggests that we bring the issue of civil asset forfeiture to public attention in a simple yet riveting manner; by protesting at the auctions where the seized property is being sold to the highest bidder!

• Ray Ubinger of Durham, NC, performed an impromptu "Auction Action" in November 1997, here is his story Ray suggests "These auctions could be a great venue for us. Let's team up and find out their schedule more in advance. Let's know when we get there which items were seized from people who were at least charged with a crime, and which items weren't. Let's inform the audience which are which, as the items appear at the auction block."
  
• Judy Osburn and four FEAR activists in California did an "Auction Action", read their story here!

NOTE: Both Ray and Judy were harassed by the police for handing out flyers; this is quite common whenever activists attempt to inform the public.
We suggest that you read the Liberty Activists information on your First Amendment Rights in relation to picketing and pamphleting at FIRST AMENDMENT RIGHTS

HOW TO FIND WHEN/WHERE AUCTIONS ARE BEING HELD:

The Marshal Service has a web page just for that. It's at http://www.usdoj.gov/marshals/nsl-rev.html. (Note: this URL appears to be down. If anyone has a new URL, let us know at Liberty Activists

OTHER ACTIONS YOU CAN TAKE

• Hand out Jarrett Wollstein's excellent pamphlet (available in tri fold 6 1/2x11) from ISIL) The Looting of America. Check out the Liberty Activist tips on distributing flyers at the ACTION TIPS page, and the FLYERS page.
• Follow the trail of the money from the seized items sold in your community, and publicize it. Use Fighting Locally by John Paff for more info on how.
• Join F.E.A.R. and help in the efforts to lobby against new forfeiture laws.

WHAT IS CIVIL ASSET FORFEITURE AND WHY IS IT AN ISSUE OF CONCERN?

"If government agents seize your property under civil asset forfeiture, you can forget about being innocent until proven guilty, due process of law, the right to an attorney, or even the right to trial. All of those rights only exist if you are charged with a criminal offense; that is, with an offense which could result in your imprisonment. If you (or your property) are accused of a civil offense (offenses which could not result in your imprisonment), the Supreme Count has ruled that you have no presumption of innocence, no right to an attorney, and no protection from double jeopardy." (Jarret Wollstein, The Looting of America)

"Asset forfeiture was virtually unheard of until 1984, when Congress overhauled the federal forfeiture laws to give the government incredible advantages over property owners, and began expanding the list of offenses which could trigger forfeiture. Now there are two hundred federal offenses which trigger forfeiture, [with more being added every day. See Bovard and Felkins] But the most terrifying aspect of the legislative scheme in the 1984 crime bill was that it allows the seizing police agency to keep the proceeds of property they seize and forfeit. This inherent conflict of interest has lead to greater and greater abuses as the profits generated have risen -- to close to a billion dollars a year for the federal government alone.

To make matters worse, most state legislatures are tripping over themselves expanding state forfeiture powers and creating draconian procedures which mirror the federal laws. These forfeiture expansion bills are vigorously supported by massive police lobbying organizations, many of which contribute substantial sums to campaign coffers. " ( F.E.A.R. [Forfeiture Endangers American Rights]

"The 1992 Omnibus Crime Bill extends civil asset forfeiture to political dissent. Under this Bill, if "violence" occurs during a political activity, the assets of the sponsoring organization are subject to forfeiture. If a fist fight broke out during a union picket, all of the union's assets could be seized. Even before this Bill has passed, cars belonging to Operation Rescue demonstrators are being confiscated." (Wollstein)

"Property is now being seized in every state and from every class of Americans. Seizures include pocket money confiscated from public housing residents in Florida; cars taken away from men suspected of soliciting prostitutes in Oregon; and homes taken away from ordinary, middle class Americans whose teenage children are accused of selling a few joints of marijuana. No person and no property is immune from seizure. You could be the next victim.

Here are some examples: In April 1992, Dr. Joseph Disbrow was accused of practicing psychiatry without a license. His crime was providing counselling services from a spare bedroom in his mother's house in Monmouth, New Jersey. Counselling does not require a license in New Jersey. That didn't stop police from seizing virtually everything of value from his mother's home, totalling over $60,000. The forfeiture squad confiscated furniture, carpets, paintings, and even personal photographs. " (Wollstein, Looting of America)

AUCTION ACTION IN NC:Durham NC, Nov.8: (Ray Ubinger reporting)
I saw a notice of an auction in Durham, NC, for Saturday Nov.8 (1997). I winged it. I made 100 fliers. But, there were 200-300 people there!

A plainclothes cop in the audience (Officer Hunter) ordered me to stop "soliciting," in violation of a "sign" I don't think is actually posted. Unless I got written permission from the P.D.'s front desk. (The auction was out back.) I respectfully told Officer Hunter that I was immediately complying. (For a second I thought I was going to get arrested.)

I walked to the front desk and asked whether I really needed a permit to hand out fliers at the auction. The answer: "That's a good question. You'll need to ask Sgt. Isaacs, who's at the auction."

Complying with my constitutional obligation to follow the Runaround, I went back to the auction. I asked Officer Hunter himself who Sgt. Isaacs was; he pointed him out to me. I asked Sgt. Isaacs's permission. He asked me what kind of fliers. I told him just personal fliers about property rights. He said I could hand them out, as long as I didn't interfere with the auction. I agreed to that. [*]

Officer Hunter must not have believed it when I told him so, because then he went and talked to Sgt. Isaacs himself. But when he came back, he said nothing to me--not even an apology, if you can believe that. I only had a few fliers left at that point anyway. I passed them all out and left.

Most of what I _saw_ were bicycles. But I was paying more attention to the audience than to the property. One guy crumpled up my flier, in apparent disgust for the righteous Constitution excerpts on it. Several people wanted to know "who I was with." I told them I was a concerned citizen, affiliated with the Libertarian Party but just representing myself.

Ray "I'm with the Founders" Ubinger rcu@duke.edu (919) 416-5031 [*] I should get a more definitive answer before I do this again. For one thing, I don't think they should be asking what kind of fliers.

RESOURCES

The Looting of Americaby Jarrett Wollstein, ISIL. Pamphlet: How over 200 Civil Asset Forfeiture laws enable police to confiscate your home, bank accounts & business without trial.

F.E.A.R., the primary organization fighting asset forfeiture laws through lobbying and citizen action, warns "Things are getting worse on Capitol Hill. The Hyde/Conyers bill that we supported -- HR 1835 -- was gutted by the House Judiciary Committee, at the behest of the Justice Department, and was renamed HR 1965. Now the bill is horrible! Not only does it make the procedures worse than under present law, but it adds a lot of new forfeitable "offenses," and creates procedures allowing foreign governments to forfeit U.S. property! These provisions are alarming. Please check out our special website section on HR1965, and then write your Congressmen and ask them to vote against this bill and to reintroduce HR 1835."

Offenses that trigger Federal Forfeiture Listing of Federal offenses that trigger forfeiture from FEAR

Fighting Locally by John Paff; suggestions on how to track forfeiture money in your community, see how its being spent

Auction Action in California, by Judy Osburn ""Police seized vehicles" exclaimed the advertisements for the Labor Day weekend auction.... Four FEAR activists alert bidders that their own car could easily be forfeited under the unfair laws by which the vehicles up for auction were seized."

Leon Felkins'Rant of the Day for January 8, 1998 discusses an array of forfeiture expansion bills now pending in Congress. Felkins went through the Congressional internet database, Thomas, looking for pending federal forfeiture bills, and found a bunch of new expansion bills -- which would add fishing violations, welfare cheating, gun violations and other crimes to the list of forfeitable offenses

Example: "1.Catch the wrong fish and you may lose your boat before you can get him off the hook and back in the water. A quote from the Public Law: 105-146 (signed 12/16/97): "Atlantic Striped Bass Conservation Act Amendments of 1997 - Amends the Atlantic Striped Bass Conservation Act to replace the existing Act with provisions requiring a moratorium on fishing for Atlantic striped bass in the coastal waters of a State that the Atlantic States Marine Fisheries Commission and the Secretaries of Commerce and the Interior determine is not complying with the Commission's plan for managing Atlantic striped bass. Provides for civil penalties and forfeiture of vessels, gear, and fish for violations of the moratorium.

THE DANGEROUS EXPANSION OF FORFEITURE LAWSby James Bovard. Dec.29,1997 "Asset forfeiture laws have been spreading like a computer virus through the nation's statute books. Until a decade or two ago, such laws targeted primarily customs violators, but today more than 100 federal laws authorize federal agents to confiscate private property allegedly involved in violations of statutes on wildlife, gambling, narcotics, immigration, money laundering, etc."