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good luck with your asperagus Eric Holder

By: insightful Riot

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good luck with your asperagus Eric Holder - Video

December 18, 2014 Press Conference - Rikers Island Jails
NEW YORK, NY - Eric Holder, the Attorney General of the United States, Preet Bharara, the United States Attorney for the Southern District of New York, and Vanita Gupta, the Acting Assistant...

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December 18, 2014 Press Conference - Rikers Island Jails - Video

What It Means: Racism and the Next Attorney%
WHAT IT MEANS -- Our first African-American Attorney General, Eric Holder, may soon be replaced by our first female African American Attorney General, Loretta Lynch. But not if some critics...

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What It Means: Racism and the Next Attorney% - Video

Ferguson #39;s racist and offensive emails released
The racist and offensive emails that resulted in three Ferguson, Missouri, city employees either resigning or being fired have been released. Eric Holder: Ferguson Police Created a #39;Highly...

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Ferguson's racist and offensive emails released - Video

Today Attorney General Eric Holder issued new guidelines to federal prosecutorstightening the rules for seizing assets for so-called structuring offenses.

Under the Bank Secrecy Act, structuring occurs when someone is suspected of arranging their financial transactions as to avoid triggering a report to the federal government by the financial institution. Some of civil asset forfeitures most egregious abuses are the result of federal prosecutors utilizing this nebulous statute to empty the bank accounts of unwitting citizens and small businesses who are never charged with any crime or even aware that their transactions are considered illegal.

The new rules require:

1. That structuring seizures against people for whom there is no criminal charge be based upon probable cause that the funds were either generated by unlawful activity or intended for use in anticipated unlawful activity. Alternatively, prosecutors must procure a warrant from a court and with the approval of either the U.S. Attorney (for Assistant U.S. Attorneys) or the Chief of the Asset Forfeiture and Money Laundering Section (AFMLS) (for Criminal Division trial attorneys).

2. That when the prosecutor determines subsequent to a structuring seizure that the government lacks the necessary evidence to succeed at either a civil or criminal trial, the seizing agency must return the full amount.

3. That when a prosecutor seizes property pursuant to suspicion of structuring, the prosecutor must file either a criminal indictment or a civil complaint, or receive an exception from either a U.S. Attorney or Chief of AFMLS within 150 days or else return the seized assets.

4. That all settlements must be complete and in writing. Informal settlements are expressly prohibited.

Time will tell how impactful these reforms are, and they certainly stop well short of the abolition of civil forfeiture advocated by civil liberties advocates like Cato and the Institute for Justice. The reforms are also limited to seizures made under suspicion of structuring, which represent only a portion of civil asset forfeiture abuses.

However, much like Eric Holders previous reforms to the federal governments equitable sharing program, this memo can be taken as yet another signal that even the federal government is concerned about the increasingly publicized abusive nature of the governments asset forfeiture regime.In that sense, these common sense reforms represent another step in the right direction, toward a legal system that respects due process and property rights.

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Eric Holder Issues New Asset Forfeiture Restrictions for ...