How do I pay my legal fees if my seized cash is being held in escrow?
Re:Asset seizures fuel police spending
by AnthonyMouse on Sunday October 12, 2014 @02:19PM
(#8446087)
> How do I pay my legal fees if my seized cash is being held in escrow?
The sensible thing to do is to treat it similar to a bankruptcy. Prevent the defendant from transferring the assets out of the country or spending them on hookers and blow but allow them to be used for legitimate expenses like continuing the operation of the defendant's business or household or legal expenses.
I've wondered about this. If somebody had tens of millions of dollars, it seems like it might be worth it to pay a lawyer a retainer or insurance or something–"Hey, you have to take care of me if a government ever seized all my assets." Otherwise, how do you hire legal representation to retrieve your wealth?
Re:Asset seizures fuel police spending
by ScottBurson on Sunday October 12, 2014 @02:30PM
(#8446125)
That's a fair question, to which I think AnthonyMouse suggests a good answer, but my primary point was that the cash shouldn't be spent outright before due process has concluded or the time limit hit.
You can't, and that is on purpose. You know, if you could pay your legal fees, so could a drug lord.
Re:Asset seizures fuel police spending
by waterlesscloud on Sunday October 12, 2014 @04:27PM
(#8446484)
If a drug lord has massive amounts of money, that's just a sign the government has failed in its job to catch him earlier. They don't build up those reserves overnight. Why should the government be rewarded for failing in their job for so long?
But aside from that...so what? If the system allows pricey attorneys to subvert the system, the problem isn't the pricey attorneys...
Even drug lords are innocent until proven guilty. Or are supposed to be, anyway. Except for treason, the Constitution doesn't distinguish between offenses charged.
That, I think, is the most important change to make here. Right now people who have assets seized are effectively guilty until proven innocent, and I don't see how that's even remotely Constitutional.
Once that is changed, I agree with you: the money should go to the state's general fund or the US treasury, not the police department.