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Federal Forfeiture is a Growing Criminal Enterprise

Jun 10 2018
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Under the federal civil asset forfeiture law, the U.S. Government can seize a person’s home, car, money, or property if law enforcement suspects any of these assets were involved in criminal activity. The person from whom the assets are seized need not be charged, much less, convicted of a crime. That’s because civil asset forfeiture, unlike a criminal asset forfeiture, is not an action against the person, but is an in rem action against the property; in effect, the property is charged with criminal wrongdoing, not the individual.

The notion that property can be guilty of a crime arises from the Medieval idea known today as the “concept of deodand.” This doctrine can be traced back to Kings who could seize the instrument that caused a person’s death and sell it off to pay the deceased’s funeral costs. It was a superstitious belief that objects could act independently to cause someone’s death; therefore, the object, as well as its wielder, was guilty of the murderous act.

Legal Origins of Asset Forfeiture

While the ridiculous notion that property can be guilty of a crime has Medieval origins, its legal origin can be found in the mid-17th century British Navigation Acts whose purpose was to expand Britain’s naval power by requiring that all imports and exports be carried on British ships. If the Acts were violated, British authorities could seize the ship and its cargo for the Crown regardless of the owner’s guilt or innocence.

Although the colonialists had rebelled against this kind of authoritarian rule by the Crown, the Institute for Justice in a 2010 report titled “Policing for Profit” said the first U.S. Congress “passed forfeiture statutes to aid in the collection of customs duties, which provided 80 to 90 percent of the finances for the federal government during that time.” The U.S. Supreme Court in 1827 upheld the government’s forfeiture power. The court reasoned that in rem proceedings made it easier and more convenient for a court to secure jurisdiction over property when it could not acquire jurisdiction over the property’s owner.

Feds Seize Two Billion in Assets from Uncharged Individuals

Today, nearly 200 years after the Supreme Court gave constitutional blessing to the modern version of deodand, the Washington Post reported that the federal government in 2017 alone seized $2 billion in assets from Americans who had not been charged or convicted of a crime.

One of those was a native Albanian named Rustem Kazazi.

The retired police officer, and his family, in 2005 received visas through a U.S. State Department lottery program. According to the Post, the entire Kazazi family became American citizens in 2010. There is no evidence that either he or his family ever committed or were ever charged with any criminal wrongdoing while in this country. For the past several years, Kazazi had wanted to return to his native Albania with his life savings to visit relatives and repair an old family home.

The Kazazi family, who live in a Cleveland, Ohio suburb called Parma Heights, made all the travel plans. Kazazi’s wife, Lejla, and his son Erald, a chemical engineering student at Cleveland State University, would accompany Rustem on the trip. They had saved $58,100 in U.S. cash—a lot of money for an Albanian family who worked hard for it. The problem was that Rustem did not trust banks—and given the sordid histories of Albanian banks, one could hardly blame him.

“The crime [rate in Albania] is much worse than it is here,” the Post quoted Kazazi as explaining. “Other people that have made large withdrawals [from Albanian banks] have had people intercept them and take their money. The exchange rates and fees are [also] excessive.”

Besides his distrust for his native country’s banking system, Kazazi was operating with the knowledge that home repair contractors in Albania prefer dollars and euros over Albanian currency. That’s why, he said, Albanians returning home for visits take large amounts of cash home with them.

Proving a Negative, That Money is Not Contraband, is Un-American

Before his planned trip home last October 24, the Post said Kazazi put three “counted and labeled bundles” of the $58.100 in his carry-on bag. He had with him receipts of the bank withdrawals and documentation on his family property in Albania. He believed he had done everything necessary to protect his money.

As Kazazi was going through the pre-flight security protocols at the Cleveland Hopkins International Airport, Transportation Security Administration (TSA) employees discovered Kazazi’s cash during a routine bag check. They alerted Customs and Border Protection (CBP) personnel about their find. CBP agents pulled Kazazi aside and began to interrogate him about the money as they conducted a strip body search.

The intense interrogation and search did not reveal any evidence of contraband or criminal wrongdoing. The CBP agents seized Kazazi’s $58,100 and gave him a receipt that did not disclose the amount of money they had seized. Kazazi and his family believed the seizure was a mistake until they realized the federal government had actually stolen their money.

Kazazi’s secured the services of Wesley Hottot with the Institute for Justice who fights to overturn civil forfeitures. He advised the family that they had to go to court to prove their innocence.

“You have to affirmatively show you’re not a criminal to get your own money back,” Hottot told the Post. “You have to effectively prove a negative.”

A month after their life savings had been seized, the Kazazi family received this notice from the federal government: “This is to notify you that Homeland Security Investigations (HSI) seized the property described below at Cleveland, OH on October 24, 2017: $57,330 in U.S. Currency. Enforcement activity indicates that the current was involved in a smuggling/drug trafficking/money laundering operation.”

Corruption and Theft Endemic in Seizures

The official notice was $770 short of the $58,100 seized, indicating one of the CBP agents at the airport lined his pockets with some of the money, Hottot said this is not unusual. The government receipts are routinely less than the actual amount seized supporting the notion that corruption and theft are endemic in the first level seizure process.

The government’s theory that the seized money was associated with criminal activity was based on three factors: Kazazi had no verifiable source of income, he withdrew the $58,100 from his bank in amounts less than $10,000 avoid government reporting, and he failed to comply with international travel requirements to declare money in excess of $10,000—something Kazazi had planned to do in Newark, New Jersey once he changed flights for his international flight.

The problem with these factors is that two of them did not exist at the airport when CBP decided to seize the $58,100—and since Kazazi had not yet arrived at Newark for the international flight, he was under no binding duty to declare the money for the scheduled flight between Cleveland and Newark. The disclosure form instructs an international traveler to declare money in excess of $10,000 “at the time of departure from the United States with the Customs officer in charge at any Customs port of entry or departure.” The Cleveland airport was not a port of departure—Newark was.

Law Suits to Recover Seized Money

Hottot has sued the government in federal court to have the money returned to Kazazi.

The Kazazi family has been devastated by the federal government’s unlawful actions against them. The entire episode has affected Kazazi’s health as he faces the prospect of losing his entire savings for no reasons.

“He (Rustem) is not going to let the actions of some employees that made a mistake in their duties change his opinion of the country,” Erald Kazazi told the Post about his father.

Trump and Beauregard Want to Stael More of Your Money

Not only does the Trump administration, and Attorney General Jeff Sessions in particular, want more asset forfeitures, they have moved from property asset forfeiture to child forfeiture seizures. Under this administration’s seizure policies, the federal government is now seizing the children of parents who commit the misdemeanor offense of illegally entering this country. The children, regardless of age, are assigned to government purchased warehouses, placed in fenced/wire cages (with only one blanket to lay on), and then transported thousands of miles from their grieving parents. A recent New York Times report found that the government not only removed children from their parents, but had most track and could not locate them, most likely because they haven’t found a way to monetize these assets.

Increased civil asset forfeiture and children seizures are now integral components of Trump’s “Make America Great Again.”

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    One of the best services Ive used in awhile. Thank you for all the help and answers. You got my life back. Thank youPositive
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    He gave me one of the most honest answers I have received in a very long time about any issue I was having with anything. Legal or not legal. I highly recommend giving him a call and … More will be referring him to friends and family if they have any issues in the future.Positive
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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
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    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
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  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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