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ByKody Fairfield

Kentucky conservative SenatorRand Paul reintroduced S. 642, theFAIR(Fifth Amendment Integrity Restoration)Acton Wednesday. The intention of the bill isto protect property owners rights and restore the Fifth Amendments role in civil forfeiture proceedings.Rep. Tim Walberg (R-MI) has introduced companion legislation (H.R. 1555) in the U.S. House of Representatives, read an official statement from his office on Thursday.

Specifically, the bill looks to target and limit civil asset forfeiture of citizens who have not been convicted of a crime.

The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime, said Paulin his statement. TheFAIRActwill protect Americans Fifth Amendment rights from being infringed upon by ensuring that government agencies no longer profit from taking the property of U.S. citizens without due process. It guards against abuse while maintaining the ability of courts to order the surrender of proceeds of crime.

Over the past few years, weve seen a wave of stories where the government unjustly seized property from innocent Americans without charging them with a crime, explainedRep. Walberg, in the same statement.These types of abuses of civil asset forfeiture laws should be a clarion call to reform the system and uphold the constitutional rights of the American people. Thats why Im committed to championing the FAIR Act, which includes comprehensive and bipartisan reforms to limit the scope of the governments forfeiture powers and protect individual rights.

The FAIR Act has the backing of some major organizations in politics, includingHeritage Action, the American Civil Liberties Union, Institute for Justice, FreedomWorks, National Federation of Independent Business, National Association of Criminal Defense Lawyers, Drug Policy Alliance, Americans for Tax Reform, and Campaign for Liberty, according to Pauls statement.

Dr. Rand Pauls S. 642, the Fifth Amendment Integrity Restoration (FAIR)Act:

Eliminates Equitable Sharing: The federal equitable sharing program allows state law enforcement officers to turn seized property over to federal officials for forfeitureand get up to 80% of the proceeds of the forfeited property. The FAIR Act ends equitable sharing and ensures that law enforcement cannot ignore state law.

Restores Principle of Innocent Until Proven Guilty: Under current law, federal law enforcement agencies may take property suspected of involvement in crime without charging the property owner with a crime. The FAIR Act places on the government the burden to show that a property owner consented to his property being used in a crime by a third party (or that the property owner was willfully blind to the criminal activity).

Requires Clear and Convincing Evidence: Under current law, the government need only prove by a preponderance of the evidence that a defendants property was used for an illegal purpose to forfeit the property. The FAIR Act would require that the government prove its case by the higher standard of clear and convincing evidence.

Protects the Right to Counsel: Under current law, property owners can receive appointed counsel due to indigency only if (1) they request it, and (2) their home has been seized. The FAIR Act would ensure that owners have the opportunity to receive representation in all civil forfeiture proceedings.

Removes the Profit Incentive: Law enforcement should be motivated by public safety, not financial rewards. The FAIR Act would restore the rule in which the proceeds of forfeiture go to the Treasurys General Fund, where Congress can appropriate the money for any purpose.

Reforms IRS Seizures: The FAIR Act requires that the IRS prove that the defendant knowingly deposited funds with criminal intent before they can seize the property. It also requires that a probable cause hearing be held no later than 14 days after the IRS seizes funds under the pretense of a structuring violation.

Enacts Strong Reporting Requirements: The Department of Justice will be required to compile and publish the percentage of its seizures that were subjected to civil and criminal asset forfeiture.

The push against civil asset forfeiture has been gaining momentum as just the other day, sitting Supreme Court JusticeClarence Thomashas questioned its necessity, specifically highlighting the procedures effect on minority groups.

These forfeiture operations frequently target the poor and other groups least able to defend their interests in forfeiture proceedings, Thomas wrote. Perversely, these same groups are often the most burdened by forfeiture. They are more likely to use cash than alternative forms of payment, like credit cards, which may be less susceptible to forfeiture. And they are more likely to suffer in their daily lives while they litigate for the return of a critical item of property, such as a car or a home, Thomas toldthe Huffington Post.

The value collected by law enforcement departments via civil asset forfeiture has bloomed wildly since the mid 80s when it collected roughly $93.7 million in the US, to today where it collects well over $2.5 billion.

5th amendmentCivil Asset Forfeiturefair actrand paultim walberg

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Rand Paul Reintroduces FAIR Act to Restore Respect for the 5th Amendment - The Libertarian Republic

ELKINS The American Civil Liberties Union of West Virginia has filed an additional five Freedom of Information Act requests as part of its investigation into a memorandum issued by former Elkins Police Chief Craig Cross that called drug dealers cockroaches and encouraged profiling and violence.

FOIA requests were sent Wednesday to the Randolph County Prosecuting Attorneys Office, the Randolph County Sheriffs Office, the West Virginia State Police, West Virginia Attorney General Patrick Morrisey and to Gary L. Johnson, of the Administrative Office of the Courts in Charleston.

The ACLU is seeking documents from Prosecuting Attorney Michael Parker including, a list of all arrests made during Cross tenure as police chief, a list of all criminal charges during Cross tenure, a list of all assets seized during Cross tenure, a list of complaints against the Elkins Police Department, any and all communications or documents containing the word cockroach, and several other documents.

From the sheriffs office, West Virginia State Police and Morriseys office, the ACLU is seeking complaints filed against EPD, closed investigations on the Elkins Police Department, documents relating to the Watson house on Kerens Avenue, procedural documents, internal and external documents using the word cockroach, and several other documents.

From the Administrative Office of the Courts, the ACLU is seeking complaints against the Elkins Police Department during or after Cross tenure, actions taken by the office, and documents and communications relating to the cockroach memo.

This is the second round of FOIA requests sent by the ACLU of West Virginia. The first FOIA request about Cross memorandum was sent to the Elkins Police Department at the end of February.

In the memo, Cross wrote, in part, If you see any suspected cockroach walking around OUR town with a big a- knife or backpack or hoodie on with the hood up I want them stopped and identified, you know what I want them harassed if you know they are a cockroach. I want people stopped and checked out! PUT THE FEAR BACK INTO THESE COCKROACHES! Stomp cockroach a- if needed! YOUR (sic) COPS AND AS LONG AS YOU WEAR THAT PATCH ON YOUR SHOULDER THIS IS YOUR TOWN! WE WILL EITHER MAKE PEOPLE RESPECT US OR FEAR US, PREFERRABLY BOTH!!!!

Joseph Cohen, the executive director of the American Civil Liberties Union of West Virginia, said the memo was a clear violation of the Fourth and Fifth amendments of the U.S. Constitution.

The Fourth Amendment guards against unreasonable searches and seizures of property and protects against arbitrary arrest. The Fifth amendment guarantees the right to a grand jury, forbids double jeopardy and protects against self-incrimination, as well as requiring due process of law.

The memo is absolutely shocking, Cohen said. It shows a police chief that totally disregards any concern for due process. It shows a department that is completely unconcerned with the constitutional limitations on searches and seizures. It shows a culture of dehumanizing people based on where they live or how they dress.

To the Elkins Police Department, suspects are not human. They are cockroaches, Cohen added. The chief encouraged the use of violence to intimidate and harass people. Why would anyone in Elkins have faith in the criminal justice system? The police department clearly was not an impartial arbiter of the law.

By issuing the memo, Cohen said Cross has put the city and county legal system in peril.

The chief not only would seem to have encouraged the violations of (the) rights of citizens, repeatedly, he also jeopardized any prosecutions that were handled under his leadership by flaunting the requirements of the Constitution, the state ACLU chief said.

Cross resigned as chief in January, but stayed on as first sergeant until he resigned from that position on Feb. 6. Cross took over the department in April 2015.

J.C. Raffety is serving as interim chief until a permanent selection can be made.

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Original post:
ACLU issues requests in memo probe - The Inter-Mountain

ELKINS The American Civil Liberties Union of West Virginia has filed an additional five Freedom of Information Act requests as part of its investigation into a memorandum issued by former Elkins Police Chief Craig Cross that called drug dealers cockroaches and encouraged profiling and violence.

FOIA requests were sent Wednesday to the Randolph County Prosecuting Attorneys Office, the Randolph County Sheriffs Office, the West Virginia State Police, West Virginia Attorney General Patrick Morrisey and to Gary L. Johnson, of the Administrative Office of the Courts in Charleston.

The ACLU is seeking documents from Prosecuting Attorney Michael Parker including, a list of all arrests made during Cross tenure as police chief, a list of all criminal charges during Cross tenure, a list of all assets seized during Cross tenure; a list of complaints against the Elkins Police Department, any and all communications or documents containing the word cockroach, and several other documents.

From the sheriffs office, West Virginia State Police and Morriseys office, the ACLU is seeking complaints filed again EPD, closed investigations on the Elkins Police Department, documents relating to the Watson house on Kerens Avenue, procedural documents, internal and external documents using the word cockroach, and several other documents.

From the Administrative Office of the Courts, the ACLU is seeking complaints against the Elkins Police Department during or after Cross tenure, actions taken by the office, and documents and communications relating to the cockroach memo.

This is the second round of FOIA requests sent by the ACLU of West Virginia. The first FOIA request about Cross memorandum was sent to the Elkins Police Department at the end of February.

In the memo, Cross wrote, in part, If you see any suspected cockroach walking around OUR town with a big a- knife or backpack or hoodie on with the hood up I want them stopped and identified, you know what I want them harassed if you know they are a cockroach. I want people stopped and checked out! PUT THE FEAR BACK INTO THESE COCKROACHES! Stomp cockroach a- if needed! YOUR (sic) COPS AND AS LONG AS YOU WEAR THAT PATCH ON YOUR SHOULDER THIS IS YOUR TOWN! WE WILL EITHER MAKE PEOPLE RESPECT US OR FEAR US, PREFERRABLY BOTH!!!!

Joseph Cohen, the executive director of the American Civil Liberties Union of West Virginia, said the memo was a clear violation of the Fourth and Fifth amendments of the U.S. Constitution.

The Fourth Amendment guards against unreasonable searches and seizures of property and protects against arbitrary arrest. The Fifth amendment guarantees the right to a grand jury, forbids double jeopardy and protects against self-incrimination, as well as requiring due process of law.

The memo is absolutely shocking, Cohen said. It shows a police chief that totally disregards any concern for due process. It shows a department that is completely unconcerned with the constitutional limitations on searches and seizures. It shows a culture of dehumanizing people based on where they live or how they dress.

To the Elkins Police Department, suspects are not human. They are cockroaches, Cohen added. The chief encouraged the use of violence to intimidate and harass people. Why would anyone in Elkins have faith in the criminal justice system? The police department clearly was not an impartial arbiter of the law.

By issuing the memo, Cohen said Cross has put the city and county legal system in peril.

The chief not only would seem to have encouraged the violations of (the) rights of citizens, repeatedly, he also jeopardized any prosecutions that were handled under his leadership by flaunting the requirements of the Constitution, the state ACLU chief said.

Cross resigned as chief in January, but stayed on as first sergeant until he resigned from that position on Feb. 6. Cross took over the department in April 2015.

J.C. Raffety is serving as interim chief until a permanent selection can be made.

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WEIRTON The City of Weirton is continuing its battle against drug use in the community, enacting a new criminal ...

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ACLU issues five more FOIA requests in Cross memo probe - The Inter-Mountain

A security guard for a board member of H.J. Heinz Co. traded on secret information he learned through his job, U.S. securities regulators charged Wednesday.

The Securities and Exchange Commission said Todd David Alpert, of Kingston, Pennsylvania, traded in Heinz stock and options before the company's 2013 announcement that it was being bought by an investment group led by Warren Buffett's Berkshire Hathaway Inc.

"During the course of Alpert's work for the board member and his family, Alpert reported almost daily to the board member's home in New York, where he served as a dispatcher" in a security booth, the SEC said in its complaint. He was also "involved in various aspects of the personal day-to-day lives of the board member and the board member's family."

The agency said Alpert made $44,000 by buying 1,000 Heinz shares and 30 call options before the announcement and then selling on the day the deal was publicized. The unidentified director had been on the board of the company for "several years."

The complaint said Alpert asserted his fifth amendment right against self-incrimination when he was questioned by the SEC, and that he is now unemployed. The identity of his lawyer couldn't be immediately determined.

In 2015, Buffett and 3G Capital Inc. orchestrated the $55 billion merger of Heinz and Kraft Foods to form Kraft Heinz Co. It has dual headquarters in Chicago and Pittsburgh.

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SEC accuses Heinz security guard of insider trading - Chicago Tribune

Prepare yourselves, Athens residents and Ohio University students: Spring fest season is here.

Although it may not feel much like spring yet with snow showers and relatively cold temperatures forecast for this week, Friday and Saturday mark the first of a series of street parties in Athens student neighborhoods, as well as other organized fests and events, that take place almost until graduation weekend April 28-29.

Mill Fest this Saturday on Mill Street will be preceded the previous evening by the smaller Milliron Fest, at the Milliron Street apartment complexes. The fest schedule for this year, posted on the Fests of Athens, OH Facebook page, follows:

Friday-Saturday, March 17-18: Milliron and Mill fests, respectively

Friday, March 24: Congo Fest (presumably on Congress Street).

Saturday, March 25: High Fest on High Street.

Friday through Sunday, March 31-April 2: MILF Fest (not really a fest but rather a ribald phrasing for OU Moms Weekend).

Friday-Saturday, April 7-8: Palmer Place and Palmer fests, respectively.

Saturday, April 22: Number Fest, a college music festival outside Athens city limits.

Of all the street-fest events, Mill, High and Palmer fests are the biggies.

Typically, dozens of people are arrested during each spring festival, usually for underage drinking, public urination and/or public intoxication. This year, OUs Student Senate passed a resolution agreeing to reimburse student residents on fest streets for half the cost of obtaining a portable restroom if they choose to rent one for their apartment. Its an effort by Student Senate to reduce the number of students charged with public urination.

Athens Police Chief Tom Pyle said that nothing is changing this year with his departments philosophy for policing the fests. Since the change from quarters to semesters, police have become more aggressive about shutting down loud house parties on the fest streets, which has meant most street fests in recent years have been shut down by 4 or 5 p.m. Previously, the fests tended to run until late into the night, sometimes with violent and destructive results.

We close down the parties based on behavior. To say we are shutting them down earlier is kind of misleading, Pyle said. Actually, we are just responding to repeated offenses over a period of time. In the past several years those repeated offenses peak around 4 p.m. after several hours of drinking and warnings, so that is when we start shutting down parties for violations of nuisance-party laws. I dont see that changing; it is kind of inculcated now with the attendees and hosts.

The fests of the modern era are still wild, but dont bear much resemblance to spring fests of OUs past. For a period of time leading up until the late 1980s, OU held an officially sanctioned Springfest event annually with tons of beer trucked onto campus. Local, regional and national musical acts performed on a big outdoor stage (set up on the Mill Street intramural fields next to the Hocking River) playing for free before thousands of students and community members.

Simultaneous to Springfest, student tenants living in the nearby Stewart/Palmer/Mill Street neighborhood held porch parties before, during and after the event. Once Springfest was retired (as a result of the drinking age rising from 19 to 21) in 1988, those individual house parties evolved into the big block parties that continue today.

In the early years of Palmer and the other fests, when they did run late into the evening, conflict between partiers and police occasionally happened, with street fires, bottles and cans flung at police and fire personnel, and multiple arrests. In 2012, a house caught on fire during Palmer Fest (it was considered an arson at the time).

In terms of tips for student partiers, Pyle said that the best way to avoid getting your party shut down is to keep control of it.

Keep noise to a minimum and respect your neighbors. Keep litter cleaned up both during and after the party, Pyle shared from an APD FAQ. Keep your guests on your property; dont let them wander into the neighbors property. Dont let anyone leave with an open container. Dont allow underage persons to consume or possess alcohol at your party.

Dont allow anyone to throw items beyond your property line. Dont allow crazy or off-the-hook behavior at your party. Ask belligerent guests to leave; dont hesitate to summon police for help.

BELOW ARE some general tips from the kind-hearted folks at The Athens NEWS, who have all been there, believe it or not (this reporter is a 2014 OU grad himself, and Editor Terry Smith goes all the way back to the annual OU spring musical festivals of the early to mid 70s):

DO NOT carry an open container onto the sidewalk or street. Just dont do it. Similarly, try not to urinate in public.

Be wary of undercover liquor agents at fests and scattered throughout the town, especially outside gas stations and stores that sell alcohol, and parking lot entrances to student housing. Sometimes theyre fairly obvious old, bearded guys eyeing everyone suspiciously but other times theyre not. These officers can be very aggressive, so dont mess with them.

If a police officer approaches you on private property and you have an open container of alcohol but are underage, do not provide them with your ID unless you want to be arrested. You have a Fifth Amendment right not to incriminate yourself. You MUST provide the officer with your name and home address, however.

Know where your alcohol is coming from; Kegs are cool, but pour your drink yourself, and always try to ask whats in the jungle juice.

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Brrrr... Fest season hits A-town - Athens NEWS