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Re:L.A.'s coast was once a DDT dumping ground, but no one co... by sokoloff on Monday October 26, 2020 @07:25AM (#24894949)
He didn’t, but suppose my grandfather legally (or even semi-legally) disposed of some DDT and left my father some money. My father later me some money. What’s the legal process to claw some of that money back to pay for the cleanup? Do you or the state have standing to sue me for something I never did, knew nothing about, and can’t reasonably answer to any specifics about?
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by dusted on Monday October 26, 2020 @08:22AM (#24895332)
Have you noticed how we generally do not bear any responsible for the wrongs of our parents? For instance, we are not forced to pay their debts, yet, we're somehow entitled to any riches they may have left behind? Seems asymmetrical to me. I'd say, yeah, I guess if you accepted the money, you should accept at least some of the responsibility for how they were amassed.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by krallja on Monday October 26, 2020 @08:56AM (#24895633)
> we are not forced to pay their debts, yet, we're somehow entitled to any riches they may have left behind?

Uh. The debts are paid with the riches before any inheritance is passed on. That’s part of the process.

https://www.dummies.com/personal-finance/estate-planning/how...

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by dusted on Monday October 26, 2020 @09:08AM (#24895739)
What I mean is, that if someone creates a net negative, the descendants are not forced to pay it, yet, if they generate a net positive, they are entitled to receive it.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by sokoloff on Monday October 26, 2020 @09:14AM (#24895791)
I think that's thinking about it backwards (at least partly).

My children are not entitled to my estate. My wealth is my private property, not theirs; I am free to direct its disposition as (my spouse and) I see fit. That's the essence of private property rights for the net-positive case.

For the net-negative case, it's a matter of practicality. Your personal debts die with you (they are settled as part of the estate settlement process and if the estate runs out of money, some creditors go without).

If you think inter-generational wealth continuity is a problem now, just imagine how much worse it would be if debt were passed along via negative inheritance.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by macspoofing on Monday October 26, 2020 @08:50AM (#24895580)
>yet, we're somehow entitled to any riches they may have left behind

The kids of Bill Gates and Warren Buffet are getting a miniscule amount of their fathers' wealth - how is that possible if supposedly they have a right to it?

So you have it all backwards. The descendent are not entitled to the wealth of their parents or ancestors. The right to property (including disbursement through inheritance) is given to those that own it! The dollar I earn, I can do as a please with and has already been taxed.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by Mitzi on Monday October 26, 2020 @12:20PM (#24897816)
>The dollar I earn, I can do as a please with and has already been taxed.

Just chiming in for the 'has already been taxed' thing, as it is often brought up in opposition to taxing inheritance. No dollar is ever taxed 'finally', it's a continuous process that involves taxes in most steps. Say you earn a dollar, it gets taxed and 70 cents remain. You go to a store and want to use those 70 cents to buy something. You don't actually get 70 cents worth of product because of sales tax. (See also VAT.)

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by bzbarsky on Monday October 26, 2020 @10:03AM (#24896250)
This is very country-dependent. In a number of European countries, the children are in fact entitled to some minimal share of the wealth of their parents (in France this share is between 50 and 75%, depending on the number of children for example), and what Buffet and Gates are doing would be illegal, as I understand it.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by ska on Monday October 26, 2020 @01:16PM (#24898534)
This sounds counter-intuitive. Are children really entitled to a fraction of all the wealth generated by their parents, or are they entitled to a fraction of the estate ? These are very different things.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by bzbarsky on Monday October 26, 2020 @02:28PM (#24899383)
This, again, varies by country and is complicated. As one example, according to https://www.germancivilprocedure.com/disinheritance-lawsuits... (search for "Even lifetime gifts are relevant for the calculation of the Pflichtteil"):

> German succession law orders that all lifetime gifts made by the testator within a period of ten years prior to their death is added to the value of the estate. Such gifts are thus also basis for calculation of the forced share.

and a provision like that seems like a clear necessity to prevent people from working around the compulsory-share legislation by just giving their money away before dying. And yes, my understanding (which could be totally wrong!) is that this means that there's effectively a clawback provision on gifts in Germany.

So it's neither "fraction of the estate" nor "fraction of total wealth generated" but a compromise "fraction of what the estate would have been if not for certain actions on the part of the parents".

According to https://works.bepress.com/aaron_schwabach/3/download/ there are in fact such clawback provisions in various European countries (as of 2011, but I don't think that much has changed since then) with different details: time periods, whether you can claw back non-fungible goods from someone who purchased them in good faith from the gift recipient, whether children can officially sign away their rights to gifts at the time of the gift so they later cannot invoke the clawback provisions, etc, etc.

Yes, from a US-or-UK common-law point of view this all seems fairly counter-intuitive. ;)

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by ska on Monday October 26, 2020 @02:53PM (#24899735)
Interesting, thanks.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by foobarian on Monday October 26, 2020 @10:14AM (#24896357)
I would not call 50-75% minimal :) Though I imagine you meant "minimum" - somewhat subtle difference.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by bzbarsky on Monday October 26, 2020 @10:18AM (#24896398)
The distinction is ... pretty tenuous in many cases (e.g. https://www.dictionary.com/browse/minimal meaning 1). But yes, "minimum" may have been a better choice.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by josefx on Monday October 26, 2020 @10:28AM (#24896495)
> The kids of Bill Gates and Warren Buffet are getting a miniscule amount of their fathers' wealth

Define "miniscule".

> how is that possible if supposedly they have a right to it?

Tax evasion 101

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by sokoloff on Monday October 26, 2020 @10:48AM (#24896717)
Both Gates and Buffett have seemed to be following a quote from Buffett in the mid-80s. Warren aims to leave "enough money so that they would feel they could do anything, but not so much that they could do nothing."
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by unishark on Monday October 26, 2020 @08:48AM (#24895559)
The estate can be sued for debts. There is a time limit on filing claims though and there might be some limits on what they can come after in the sense they might be considered jointly-owned like a house if you're still living there.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by charlesu on Monday October 26, 2020 @07:41AM (#24895043)
This is a great argument for an absurdly high estate tax. You can’t inherit ill-gotten gains if you don’t inherit anything at all!
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by throwaway0a5e on Monday October 26, 2020 @08:19AM (#24895307)
So we should tax the crap out of everyone's estates on the premise that they probably wronged society and that society will need to pay to un-screw up whatever they did?!? Whatever happened to giving people the benefit of the doubt? Whatever happens to presumption of innocence?

Firstly anyone with a brain is gonna conveniently go broke before they die if you try and pull something like that.

Second I'm struggling to find words for just how fundamentally wrong, unethical and dystopian the assumptions that underlie your comment are. I and a hell of a lot of people don't want to live in a society where assuming malice is the default like that.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by nix0n on Monday October 26, 2020 @08:47AM (#24895551)
> So we should tax the crap out of everyone's estates

Just the wealthy. Estate taxes have (in the USA) applied only to large estates.

> on the premise that they probably wronged society

Some wealth is inherited now, but large gains (extracted from the market) are generally the result of exploitation.

> anyone with a brain is gonna conveniently go broke before they die

That's already happening, they call it The Giving Project.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by burrows on Monday October 26, 2020 @01:37PM (#24898769)
Is there a precise definition for ‘exploitation’? Is it a function of feelings?
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by ses1984 on Monday October 26, 2020 @08:22AM (#24895338)
How about we just tax the crap out of everyone's estates so that our democracy doesn't devolve into a feudal oligarchy.

Oops, too late.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by charlesu on Monday October 26, 2020 @09:15AM (#24895799)
We should tax the crap out of everyone’s estates because it’s aligned with the American value of equal opportunity. Do you want to live in a society where everyone has a fair shot? Then you need the estate tax. It’s the great equalizer. We can the funds to improve our schools, roads, and social services so that everyone is a bit better off.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by dahfizz on Monday October 26, 2020 @05:05PM (#24901380)
> We should tax the crap out of everyone’s estates because it’s aligned with the American value of equal opportunity. Do you want to live in a society where everyone has a fair shot?

I do not understand this sentiment one bit. To think that we should implement equality by pulling people down to the mean is, frankly, insane. That does nothing to help anyone - its a stance based solely on anger and jealousy. Your policy would literally decrease the average quality of life.

Would you be happy if everyone was destitute? At what point do you realize that actual quality of life matters more than perfect equality?

We achieve equality by bringing people up, not tearing them down. If you think we need more tax money to accomplish that goal, I would argue that we have much more of a budgeting problem than a tax income problem, but I understand the sentiment. But to think that the appropriate tax vehicle is to explicitly destroy lives is not an American ideal.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by unishark on Monday October 26, 2020 @08:38AM (#24895464)
You can't really make an estate tax work higher than the income or gift tax, since people can just sidestep it by giving the inheritance early.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by sokoloff on Monday October 26, 2020 @09:08AM (#24895733)
I think of the gift tax as just the pre-death version of the estate tax. IRS Form 709 and Publication 559 make fairly clear that this is not inadvertent.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by charlesu on Monday October 26, 2020 @09:19AM (#24895828)
Raise the gift tax and income tax as well. High taxes on high earners is a good thing. It spurs investment, flattens the distribution of wealth and income, and spurs spending. Give a millionaire a million dollars and he’ll save it or “invest it”, inflating asset prices even further. Give a thousand people and thousand dollars and most will spend it, helping the economy.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by dahfizz on Monday October 26, 2020 @02:17PM (#24899252)
I can't tell if you are being sarcastic.

"It can be tough to prosecute some crimes, so let's just punish everyone without due process!"

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by ChrisLomont on Monday October 26, 2020 @08:17AM (#24895283)
So punishment for everyone because someone, somewhere may have done something that decades later was made illegal?

What kind of bizarre sadism is that?

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by FDSGSG on Monday October 26, 2020 @08:20AM (#24895314)
Who does estate tax punish?
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by throwaway0a5e on Monday October 26, 2020 @08:22AM (#24895331)
The children of the people who managed to live out their days without going broke and becoming a burden on everyone else have less money than if their parents spent it all (presumably some of which would have been on them) and died with debt.

The people who lived out their days without going broke lose because their property rights are being violated. Their property and their dollars that they have already paid taxes on should be theirs to give away as they see fit.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by pessimizer on Monday October 26, 2020 @08:37AM (#24895458)
Not being entitled to something no one else is entitled to either is not a punishment, otherwise it's a punishment to me when I can't have your dad's money.

Children aren't even entitled to their parents money in adulthood. Parents have to choose to give it to them either explicitly or by omission.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by eesmith on Monday October 26, 2020 @08:53AM (#24895613)
If that's punishment for the children of the rich, then those children born to parents who are broke must also live a punished life, yes?

If you are against children being punished because of the economics of their parents, then surely you are in support for a strong social safety network for children (universal subsidized/free childcare, including meals, and healthcare), yes?

Which requires taxation or other funding sources.

Which means we must ponder things like: how much of Sam Walton's $100 million inheritance did his children need in order to not be punished by a higher inheritance tax? $5 million each?

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by throwaway0a5e on Monday October 26, 2020 @09:31AM (#24895936)
The rich will still be rich. They'll come up with complex workarounds. They'll impart the money on their kids while they're still alive.

The people who will be screwed are the middle class people who's only (if any) windfall in life is inheriting part of their parents house and using that to pay off their own mortgage or send their kids to college or whatever (and who's kids will likely inherit a share of the house and continue the cycle).

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by vel0city on Monday October 26, 2020 @04:10PM (#24900753)
The US currently exempts $11.5 million per person for estate taxes (IANAL). A family inheriting their parent's estate does not pay taxes on the first $23 million dollars worth of assets. Even then, taxes only apply on amounts greater than that exemption amount, so to have an estate tax take a significant amount of your estate income would require way more than $23 million. With your example its hard to claim the family is "middle class" when they're already homeowners and are inheriting well more than $23 million.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by eesmith on Monday October 26, 2020 @09:59AM (#24896212)
It seems you are making an argument from apathy - since there's nothing we can do about the rich, we shouldn't do anything?

Because we can certainly reduce the number of complex workarounds - which were deliberately introduced to allow the rich to have those workarounds. We can increase the taxation rate for the highest tax bracket, like the 90% it once was. And we can increase the estate tax.

The current federal estate tax has an exemption of $5 million. Just how many middle class families do you think would be unable to send their kids to college if the estate tax rate after the first $5 million was increased? For that matter, how many middle class families would be unable to send their kids to college of the exemption were lowered to $2 million? Because $2 million seems like a lot to me.

Poorer people will receive no windfall in life. Since you want people to have windfall ... how do you want to support poor people? How should the children of the poor go to college or whatever?

Because otherwise what you write sounds like a standard wedge argument - get the middle class to fear for losing what little they have, in order so the rich benefit even more, while the poor get left out.

Higher pay via stronger union rights (repeal Taft-Hartley now!), universal college education. These help give your desired economic windfall for the middle class and my desired windfall for the less well off.

The rich and the children of the rich will still be rich.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by adamsea on Monday October 26, 2020 @09:31AM (#24895938)
Who is a burden on everyone else, and how? I thought the whole point of ... civilization was for people to support each other.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by ChrisLomont on Monday October 26, 2020 @08:29AM (#24895396)
The parent poster stated that people breaking laws is argument for high estate tax. Is this not chosen as a form of punishment? If it had zero punishment effect, why do it? If taking money away was not a form of punishment, why is it used as punishment in so many court cases?

It punishes those who would have had the assets otherwise. Especially when the stated reason is to punish them.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by dragonwriter on Monday October 26, 2020 @09:30AM (#24895935)
> Is this not chosen as a form of punishment?

It's only punishment if you think there is a natural right to control the disposition of property after death. Otherwise, it's just a argument as to why a purely optional benefit not grounded in rights should not be extended by the state.

Not extending a benefit to which there is no entitlement is not inherently a punishment.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by ChrisLomont on Monday October 26, 2020 @10:52AM (#24896771)
So the state should seize mom and pop shops when mom and pop dies? Then what? Try to sell it? Have it as state run enterprises? Now every generation must completely pull themselves up from zero, and the state seizing all value every time someone dies? Parents die accidentally - too bad for kids, the state seized all value and sent the kids into some state system.

Countries that seize this much property don’t do too well economically.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by eesmith on Monday October 26, 2020 @12:18PM (#24897791)
When the owners of a husband and wife shop die, with no inheritors, then what?

If the children of the mom and pop shop die, and the children are preschool aged, with no other inheritors or people designated to handle the estate, then what?

Effectively no one says that "every generation must completely pull themselves up from zero".

Do you seriously think the children of working/labor class families, living in rental housing, and with no capital, completely pull themselves up from zero?

Since they don't, neither do the children you hypothesis. So what's the point of your argument other than to tug at our heartstrings about those orphans?

Oh, and if the mom and pop shop is bankrupt, or has little capital, and there isn't family or close friends able and willing to take care of the kids, then who will?

Oh, right, "some state system." So if you are so concerned about these children, perhaps we need better orphanages and better support for the foster system.

Now, how do we fund those improvements?

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by charlesu on Monday October 26, 2020 @09:26AM (#24895890)
I didn’t say it was a punishment. I said it was a good argument. There’s no legal method of getting back ill-gotten gains from someone who’s dead. But if you can’t pass along your estate, it doesn’t matter.

For the record, I don’t think the state taking away most (or all) of a person's estate after they’ve died is a punishment at all.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by refurb on Monday October 26, 2020 @11:20AM (#24897096)
Agreed! That Hispanic couple who immigrated to the US, built a small business and want to pass it to their kids, screw them! Tax it all away. Let their kids start over!
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by orthecreedence on Monday October 26, 2020 @02:48PM (#24899669)
Or set a cap? Anything above $5M is taxed at 95% or something. People will still work hard to pass on wealth to their kids, but anything obscene could go back into a social dividend.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by athms on Monday October 26, 2020 @08:50AM (#24895577)
Only 0.002% of estates pay the tax every year. The best way to avoid paying the tax is to reduce the wealth of an estate by transferring it to insurance or separate entities like a foundation, limited liability company, family limited partnership, or charitable trust. Most wealthy people start estate planning long before retirement. The ones that end up paying are folks like Prince or the newly wealthy that die young.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by sokoloff on Monday October 26, 2020 @09:16AM (#24895801)
> Only 0.002% of estates pay the tax every year.

That is wrong by a factor of ~100. 0.2% of estates in 2017 paid an estate tax. [0]

[0] - https://www.cbpp.org/research/federal-tax/ten-facts-you-shou...

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by charlesu on Monday October 26, 2020 @09:20AM (#24895842)
All loopholes that can be legislated away with enough political will.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by sokoloff on Monday October 26, 2020 @09:31AM (#24895945)
What's the likelihood that the multi-millionaires in the Legislature actually want to tackle this?

https://ballotpedia.org/Net_worth_of_United_States_Senators_...

(That was for 2011; it's a reasonably safe bet that as a group they're no poorer now.)

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by webmaven on Tuesday October 27, 2020 @10:36PM (#24914438)
> All loopholes that can be legislated away with enough political will.

It was political will that created the loopholes in the first place. Getting rid of them unfortunately requires more political will than creating them did. This probably has something to do with loss-aversion.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by effingwewt on Monday October 26, 2020 @08:55AM (#24895629)
I'll do you one better. Suppose your forebears made the money illegally.

Most certainly the ill-gotten gains must be clawed back. Are you seriously positing that you should keep illegally obtained money because you yourself didn't know?

Punishment is another story, of course it wasn't your fault, so you won't do the time, but you certainly don't get to be rich off the proceeds of the crime.

ie If I rob a bank and leave the money for my kids, they don't get to keep the money when the feds finally crack the case.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by meed2000 on Monday October 26, 2020 @07:33AM (#24894996)
Suing you to the extent of having to pay back whatever your father passed on to you, at least what's left of it would be reasonable, don't you think?
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by darkcha0s on Monday October 26, 2020 @07:50AM (#24895100)
Yes let us just start collective punishment, because we have such a justice boner. Jesus christ, sometimes HN has some wild opinions.

Just to be absolutely clear -- it's not reasonable, and what you're suggesting is literally how North Korea handles crime.

"Oh but you know here it's different" -- you're setting a precedent which, if allowed, would mean your family members could face jail time for crimes YOU commit.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by onion2k on Monday October 26, 2020 @08:18AM (#24895302)
Yes let us just start collective punishment, because we have such a justice boner. Jesus christ, sometimes HN has some wild opinions.

FYI this does happen for companies. It's not that wild. Businesses like Lloyds of London and Greene King are paying slavery reparations today despite the fact that no one in the company had anything directly to do with that part of the business. I guess if you had stock that had been passed down through generations you would indirectly lose out on some money if the share price fell as a result.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by antonvs on Monday October 26, 2020 @08:12AM (#24895248)
If your inheritance was the result of a bank robbery, do you still think it should be untouchable?

You're being very emotional about what seems like a pretty clear case of recovering ill-gotten gains.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by sokoloff on Monday October 26, 2020 @08:17AM (#24895286)
Ideally proceeds from a bank robbery would be removed from the estate. From a purely practical standpoint, once the estate is settled, it should stay settled and no one should be forced to answer for the actions of another adult.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by pessimizer on Monday October 26, 2020 @08:43AM (#24895505)
This is just a declaration, not an argument. Under what argument (that also doesn't apply to this) would those proceeds be removed from the estate, and when should an estate be "settled."

If somebody sells me a television they burgled from your house, I'd consider the transaction settled once the exchange was made and we'd parted ways. You would probably disagree.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by lol636363 on Monday October 26, 2020 @09:04AM (#24895692)
Knowingly buying stolen property is illegal and may result in jail time.

Unknowingly buying stolen property still comes with a risk that if LE ever find it, they can take it away from you without compensating you.

I had my TV stolen and sold to a pawn shop. Detectives found it at local pawn shop and they recovered it for me. These laws exist so that when one is engaged in business, they have to do reasonable due diligence that they are not dealing with stolen or illegal goods.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by darkcha0s on Monday October 26, 2020 @12:11PM (#24897705)
I'm being emotional for saying we shouldn't punish family members of people who commit crimes? Sounds like you're the one following the emotional argument ("this feels right, because the gains are ill-gotten")
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by antonvs on Saturday November 07, 2020 @04:02AM (#25013956)
You're not "punishing family members" (there's that appeal to emotion), you're recovering stolen property.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by lol636363 on Monday October 26, 2020 @08:59AM (#24895664)
This is not collective punishment. There are already laws where children have to give up inheritance because it was created with illegal activities. There are laws against illegal dumping of dangerous chemicals. It is not too far fetched idea that existing laws can be used to recover some of damages caused by this.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by darkcha0s on Monday October 26, 2020 @12:05PM (#24897631)
Great. Now imagine the next administration deems that your prior, legitimately gotten gains, are now ill-gotten. Don't see how that could turn into a slippery slope, no sir!

And yes, punishing a family member for a crime perpetrated by another is, by definition, collective punishment.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by CJefferson on Monday October 26, 2020 @07:56AM (#24895139)
No-one is talking about putting people in jail, but also (in my opinion), someone shouldn't get to inherit millions of dollars just because their grandfather committed some terrible crime -- inheritance should not be a right, when the original money was acquired illegally.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by darkcha0s on Monday October 26, 2020 @12:19PM (#24897810)
Whether that punishment is jail time or a fine is secondary. The primary question is, should the decedents be punished for a crime they did not commit?

Moreover, where do you draw the line? Should all the decedents of german families who got their wealth off the back of slave labor by jews also be forced to forfeit their wealth? What about the decedents of families of plantation owners? How do you go about handling that with the institutions provided? What would they be charged with?

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by CJefferson on Monday October 26, 2020 @06:16PM (#24902159)
Honestly, I'd prefer we, as a society, did tend more in this direction. Where I live (Scotland), most of the country is owned by a small number of families, who inherited it themselves. I'd be happy with a model where this land was, possibly over generations, taken away and redisturbed in some way.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by jacobush on Monday October 26, 2020 @01:30PM (#24898685)
In the US there are plenty of "US vs $1000" cases already.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by vladTheInhaler on Monday October 26, 2020 @04:02PM (#24900672)
Though I generally agree with the sentiment that we should do more to claw back ill-gotten gains, civil asset forfeiture is a terrible precedent and should be eliminated, not expanded. The legal theory is that your money (and property) doesn't have the right to due process, since it's not a person. So basically you have to prove that it wasn't involved in a crime. Which just leads to police officers stealing from poor people who haven't been convicted of a crime.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by jacobush on Tuesday October 27, 2020 @03:05AM (#24905044)
Exactly.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by macspoofing on Monday October 26, 2020 @08:16AM (#24895277)
>No-one is talking about putting people in jail, but also (in my opinion)

Every law, no matter how small and well-meaning, has implicit threat of prison behind it. You can't be so naïve as to believe that this enforcement action won't result in prison for some, destroyed lives for others, and because laws and enforcement are man-made, there's also a guarantee that your dragnet will punish some innocents, and let some guilty go (maybe because they can afford great lawyers and/or bribes). And of course, because this would be a very controversial measure, it would be highly politicized.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by pessimizer on Monday October 26, 2020 @08:45AM (#24895531)
> Every law, no matter how small and well-meaning, has implicit threat of prison behind it.

If someone doesn't comply with the court, but that would be a crime committed by the child, not the parent.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by eesmith on Monday October 26, 2020 @09:17AM (#24895816)
Why do people keep making this claim?

There are plenty of laws which don't have an implicit threat of prison behind it.

Here's one: https://www.law.cornell.edu/uscode/text/4/1 . Quoting Wikipedia: "This is a U.S. federal law, but only suggests voluntary customs for handling of the American flag and was never intended to be enforceable. The code uses non-binding language like "should" and "custom" throughout and does not prescribe any penalties for failure to follow the guidelines." - https://en.wikipedia.org/wiki/United_States_Flag_Code

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by macspoofing on Tuesday October 27, 2020 @09:42AM (#24907310)
You're really stretching.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by eesmith on Tuesday October 27, 2020 @10:35AM (#24907816)
I honestly don't know why I'm so downvoted.

There are laws naming post offices and other objects. There are law recognizing people and bestowing honors on them. There are laws which cancel previous laws.

There are plenty of laws which have no threat of punishment.

But I'll set that objection aside.

Let's go back to CJefferson's comment, to be more concrete. "inheritance should not be a right, when the original money was acquired illegally."

Money (at least as CJefferson refers to) exists because of laws, and the way we think of money exists because of laws. Inheritance is a legal concept, enforced by laws. So the right to inherit millions of dollars by your definition exists because of the implicit threat of prison.

Thus, changing the law as CJefferson describes doesn't necessarily add a new threat of violence - it could change the balance of the existing threat of violence, or even reduce it.

Thus, an argument against changing the law simply because laws carry a threat of punishment is really an argument to maintain the status quo for the existing threats of violence. It is not a strong argument against changing the law, which is what I think you meant it as.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by macspoofing on Monday October 26, 2020 @08:53AM (#24895610)
>Jesus christ, sometimes HN has some wild opinions.

I'm not a libertarian myself, but I miss the libertarianism of Silicon Valley and HN. They are still around, but there's a lot more progressives around and there is a very real authoritarian and violent strain that runs through that movement.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by adamsea on Monday October 26, 2020 @09:34AM (#24895970)
> here's a lot more progressives around and there is a very real authoritarian and violent strain that runs through that movement.

Actual facts show that at this moment in time in the U.S. it's white supremacists and related extreme-right ideologies which are producing most domestic terrorism (i.e. actual violence).

https://www.csis.org/analysis/war-comes-home-evolution-domes...

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by adamsea on Monday October 26, 2020 @01:56PM (#24899000)
Very curious what the rationale for downvoting this is.

In addition to the link I shared, both the Department of Homeland Security and the FBI have recently reported white-supremacist aligned groups as the major source of violent attacks (aka domestic terrorism) within the U.S. in recent years.

https://raskin.house.gov/media/press-releases/subcommittee-c...

https://www.fbi.gov/news/testimony/confronting-white-suprema...

https://www.nytimes.com/2020/10/06/us/politics/homeland-secu...

https://www.foxnews.com/us/homeland-white-supremacy-lethal-t...

Are people disputing these facts? Or are merely displeased?

Factual information is nonpartisan.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by sokoloff on Monday October 26, 2020 @07:45AM (#24895059)
No, I do not. If my grandfather left my father $X, my father left me $Y, at the very most the maximum would have to be the lesser of $X and $Y, decremented by the full cost of answering the lawsuit.

This is problematic from a variety of practical angles, though, not just mathematical ones. It seems like something the forensic accounting lobby would salivate over.

Should I be forced to defend a lawsuit because my great^6 grandfather owned slaves? (As far as I know, none did.) That’s more abhorrent than legally dumping chemicals that today’s common sense says should have been done differently.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by dathinab on Monday October 26, 2020 @08:17AM (#24895284)
Yes.

The only think which could in anyway get close to legality would be to:

- Legally hold a case against whoever did it and win it. (Can even legally have a case against a dead person?) This requires thinks to have been illegal when done.

- Requiring that (likely dead) person to pay a fine based on existing law.

- Arguing that whoever accepted an inheritance did inherit the fine, too.

But as far as I know every point of this list has many legally questionable aspects.

But what you MUST NOT do under any circumstances in a state of law is to not base judgement on law but arbitrary "I feel like this should be done" arguments. This is also why it's of upmost importance to fast adapt laws make them general instead of specific and not put any loop holes in them. Because then you can judge people to some degree even if they do something bad even if that specific think wasn't explicitly forbidden. (E.g. based on a generic law which makes any form of causing environmental damage in a context where it's reasonable to assume it the person should have been aware illegal. Sure you need some threshold, too. Else driving your care is illegal.)

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by toast0 on Monday October 26, 2020 @11:00AM (#24896862)
I'm sure you could have a civil case against a dead person's estate. Although, my understanding is it's legally and logistically challenging to reopen an estate after it has been settled.

I don't see how you could have a criminal trail against a dead person in the US, without violating the sixth amendment. It would be impossible to inform the deceased of the charges, etc.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by dubcanada on Monday October 26, 2020 @08:01AM (#24895164)
But if you grandfather lost all of $X, your father would not have any of $Y (based entirely on $X being an amount they got from business dealings and $Y being a smaller amount which came from $X).
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by sokoloff on Monday October 26, 2020 @08:08AM (#24895224)
That strikes me as non-sensical.

My father had his own earning, creating, and saving abilities.

Re:L.A.'s coast was once a DDT dumping ground, but no one co... by pessimizer on Monday October 26, 2020 @08:47AM (#24895553)
Subtract it from what he would have earned if he had dumped the cash into an index fund, and we may find that his earning, creating and saving abilities were negative. His only profitable skill may have been having a father who dealt in slaves.
Re:L.A.'s coast was once a DDT dumping ground, but no one co... by ByteJockey on Monday October 26, 2020 @08:52AM (#24895595)
No. No I do not think that's reasonable.

Having a period after death for the government to bring charges against the estate seems reasonable. We already have this, but I could see a reasonable person arguing to make it a longer period.

I think it's unreasonable for the same reason getting rid of all statutes of limitations would be unreasonable. At some point, you have to let people stop looking over their shoulder. Society doesn't work very well when you incentivize people to dig up century old dirt on their enemies.