What is the difference between civil and criminal asset forfeiture? Asset Forfeiture is Theft. Also, What's in the News with stories on an EpiPen update, Chelsea Manning and Julian Assange, cops killing innocents, secession, schools pulling teeth, and the Doomsday Clock. And, an Ancap Apps segment on the return of Lavabit and a Herding Cats segment with updates on Liberty Forum and Anarchapulco.

WHAT’S RUSTLING MY JIMMIES 

[1:22]

Asset forfeiture is theft. It doesn't matter if the forfeiture is civil or criminal, it is still theft. Let's take a look at civil and criminal asset forfeiture and the differences in them.

WHAT'S IN THE NEWS 

[8:02]

In LAVA Update news, CVS announced a brand new super cheap alternative to the EpiPen.

In even statists get it right sometimes news, before leaving office, President Obama commuted the vast majority of the sentence for former Army intelligence analyst, Chelsea Manning. Manning was sentenced to 35 years for leaking classified documents and has served more than six years of that sentence.

Another interesting development from the Manning commutation is that Julian Assange made a declaration on Twitter prior to Manning's commutation that Assange would agree to US extradition if Manning was given clemency.

In trained cops still can't shoot straight news, two police officers responded to a burglary in progress in Pittsburgh and returned fire, killing the homeowner.

In secession news, one in every three California residents now supports the most populous US state's peaceful withdrawal from the United States according to a new Reuters opinion poll.

Backers of the proposed constitutional amendment seeking California’s secession from the U.S. can begin collecting voter signatures to qualify for the 2018 ballot, the secretary of state’s office said.

In government indoctrination center news, a Baltimore mom is outraged after her third grader came home from school with three of his teeth missing. She says his elementary school performed a dental procedure she never knew about.

In the politics of science news, the supposedly non-partisan Bulletin of the Atomic Scientists took the “unprecedented” step of moving the Doomsday Clock 30 seconds closer to midnight, to leave it at 2 1/2 minutes away. They did this in response to climate change and the election of Donald Trump.

ANCAP APPS 

[19:30]

Lavabit is back! If you're not sure what Lavabit is, then I promise you that you will want to check this out.

HERDING CATS 

[25:48]

The annual Free State Project's New Hampshire Liberty Forum is this coming weekend, February 2nd – 4th, and tickets are still available! If you've ever thought about checking out New Hampshire and the Free State Project, this is the event to catch. Basic tickets that give you full access to the three-day event is $125 and the all-inclusive ticket that includes dinners on Thursday, Friday, and Saturday is $299. You can get your tickets at nhlibertyforum.com.

Also, don't forget that Anarchapulco is coming up soon too in Acapulco, Mexico from February 25th – 28th. They have a very impressive lineup of speakers as well. Tickets are still at the early bird level until they sell 300 tickets, so you can get yours for $245.

 

Read Full Transcript

TEASER INTRO

What is the difference between civil and criminal asset forfeiture, and are they both theft? Also, What's in the News with stories on an EpiPen update, Chelsea Manning and Julian Assange, cops killing innocents, secession, schools pulling teeth, and the Doomsday Clock. And, an Ancap Apps segment on the return of Lavabit and a Herding Cats segment with updates on Liberty Forum and Anarchapulco.

INTRO

“Welcome to The LAVA Flow, channeling the flow of information to the Libertarian, Anarcho-capitalist, Voluntaryist, and Agorist community. Find us at thelavaflow.com. Here’s your host, Rodger Paxton.”

Thank you for joining me this week, coming to you from the state that was the home of Robert Frost, the Pulitzer prize-winning poet, this is the show that will bring you the people, places, and events that everyone in the liberty revolution needs to know. You can catch me on Twitter @TheLAVAFlowPod.

This is episode fifty-four, Asset Forfeiture is Theft, and its Tuesday, January 31st, 2017 , when there have already been more than 98 people killed by police this year. What's Rustling My Jimmies this week? You're about to find out! Let’s Do It To It!

WHAT’S RUSTLING MY JIMMIES

Asset forfeiture is theft. It doesn't matter if the forfeiture is civil or criminal, it is still theft. Let's take a look at civil and criminal asset forfeiture and the differences in them.

Criminal asset forfeiture is pretty simple. It requires a criminal conviction and proof that the property in question was gained through illegal activity. That activity could be that you purchased it with money you received from stealing from your company, or money you received from selling drugs. It could also be property that was illegally given to you for political favors or any number of other reasons. The big point here is that the property has to be tied to criminal activity of some sort that you have been convicted of.

Civil asset forfeiture is a different animal altogether. In these cases, lawsuits are actually filed against the property, not the owners of the property. There is no need for a criminal conviction. In the majority of cases, there may not even be any criminal charges filed against the owner of the property. The only requirement needed to give the government the right to seize a person's property is the probability that the property was gained through illegal means. Note the word probability. In this case, your property can literally be stolen from you without them being able to prove beyond a reasonable doubt that the property was gained through illegal means. They only have to show that it was probable you gained the property through illegal means.

Now, from these definitions, it's a clear cut case that civil asset forfeiture is theft. They don't have to prove anything completely and you lose your property.

Civil forfeiture cases proceed under the legal fiction that cash, cars or homes can be “guilty”—leading to such bizarre case names as United States v. 434 Main Street, Tewksbury, Mass or USA v. $124,700. Those are actual court cases. But because these cases are technically civil actions, property owners receive few, if any, of the protections that criminal defendants enjoy. To make matters worse, when law enforcement agencies take and sell your property, they frequently get to keep all the proceeds for their own use. This gives agencies a direct financial incentive to “police for profit” by seizing and forfeiting as much property as possible. And, if the cops who seized it don't get to keep it all, they generally share the rest with other law enforcement agencies. This is perverse and gives cops a reason to see anything valuable and seize it.

For example, we talked about a guy on this show once who was carrying a large sum of money through Arkansas to buy a car in Memphis. The Arkansas State Trooper stole $20,000 from the man under civil asset forfeiture. A court forfeited that money even though prosecutors themselves decided to drop the case. They wanted to drop the case because they knew there was no evidence that this man who had no criminal record and who had text messages back and forth with the owner of the car he was buying proving his intention for the money. The judge wasn't having it. he refused to allow the prosecutor to drop the case. Then, a state appeals court refused to review that decision.

I bet it wouldn't surprise you that the owner of this money was brown. His name was Guillermo Espinoza. Mr. Espinoza presented the trial court with numerous paychecks from various construction jobs, as well as tax documents evidencing his argument that the money was lawfully earned. That made no difference at all. In response to Mr. Espinoza’s motion for reconsideration, the judge simply stated, "The Defendant’s Motion to Reconsider is denied and without merit." He gave no further explanation.

This is but one example of hundreds that happen all the time in this country. Most states allow this type of theft without restrictions. A handful of states place seized funds in neutral accounts, such as Maine, Missouri, North Dakota, and Vermont, have been much less likely to have major scandals involving forfeiture abuse. This is because the cops don't gain from the seizures. This is rather telling.

States like Texas and Virginia and Georgia which have few restrictions on how police use the seized funds have had more scandals, as well as states which allow the Equitable sharing program. With Equitable Sharing, state police can "skirt state restrictions on the use of funds." Basically what happens with equitable sharing is that the assets are liquidated and the funds are shared between state and federal law enforcement. This means local police can evade their state's rules against forfeitures or restricting use of forfeitures by bringing in federal officers.

Now, let's talk about criminal asset forfeiture and why it is also theft.

Really, the main difference between criminal and civil forfeiture is only that the person involved has to have been convicted of a criminal offense to have his assets seized criminally. The seizure still must meet the probable cause claim of being used for illegal purposes or profit from illegal activity to be seized, and the law enforcement agencies still get the proceeds. There is one more big distinction, though. Criminal forfeiture should go to a jury but usually does not do so, whereas property owners have a constitutional right to a jury trial in every civil forfeiture action. This means that in a criminal forfeiture, it is likely that only a judge is going to decide the fate of the money. You can, apparently, ask for a jury trial in a civil forfeiture action, at least at the federal level. Most people don't do this, though, but they should.

The main issue that makes this all theft is simple. Someone, generally law enforcement or the courts, who was not harmed in the specific situations is gaining at the expense of the defendant. I could support forfeiture if the proceeds from it were going to a victim of the alleged crime, but that is not the case in our country, just as no victim receives restitution from a criminal in jail. The victim is the last person on the minds of those who supposedly bring justice in this country. Most of these sorts of cases are for victimless crimes to begin with so there would be no victim to make whole. The money then goes to law enforcement which enables them to spend more money going after victimless crimes to steal even more money and continue to increase their spending on cool toys.

This has got to stop. most states have some sort of activism trying to shed light on these issues. Find out what organizations in your state work on this and help them out. As long as our property can be stolen for no reason, we are not free.

WHAT'S IN THE NEWS

In LAVA Update news, CVS announced a brand new super cheap alternative to the EpiPen. If you recall from episode 44 of this show, The Epipen Government Monopoly Edition, the price of the EpiPen went up by 450% in a few short years thanks to government cronyism and monopoly protections. You can hear the details in that episode at thelavaflow.com/44. CVS unveiled their new epinephrine injecting device, Adrenaclick, is now available nationwide.

Created by Impax Laboratories, this generic device will sell for $109.99 for a two-pack. Its price resembles that of EpiPen’s before Mylan bought the rights to the life-saving devices back in 2007 and raised the price repeatedly to now over $600, sparking an outcry.

Helena Foulkes, president of CVS Pharmacy, said the company felt compelled to respond to the urgent need for a more affordable alternative. “Over the past year, nearly 150,000 people signed on to a petition asking for a lower-cost epinephrine auto-injector option and millions more were active in social media searching for a solution,” she said in a statement.

The price of $109.99 for the alternative applies to those with and without insurance, CVS noted. And Impax is also offering a coupon to reduce the cost to just $9.99 for qualifying patients.

This is what happens when government gets the hell out of the way and allows innovation and competition. While the government has a lot more room to get out of the way, every little bit helps.

In even statists get it right sometimes news, before leaving office, President Obama commuted the vast majority of the sentence for former Army intelligence analyst, Chelsea Manning. Manning was sentenced to 35 years for leaking classified documents and has served more than six years of that sentence. Commutations reduce sentences being served but don't erase convictions. Pardons generally restore civil rights, such as voting, often after a sentence has been served.

Manning is now scheduled to leave prison on May 17th of this year because the government feels she needs to stay in prison for an additional 120 days to have time to adjust and time to prepare and find somewhere to live. Really? What the government should be doing is releasing her immediately. There is no doubt that Manning will have somewhere to live, and sitting in prison is not the best place to adjust to not being in fucking prison. This is utter horseshit.

Another interesting development from the Manning commutation is that Julian Assange made a declaration on Twitter prior to Manning's commutation that Assange would agree to US extradition if Manning was given clemency. The US wants to talk to Assange in connection with the 2010 leak of material by Manning that was posted on the WikiLeaks website, the site run by Assange.

Assange, however, decided not to hand himself over to US authorities, because Manning isn't being released immediately. Barry Pollack, Assange’s US-based attorney, said, “Mr. Assange welcomes the announcement that Ms. Manning's sentence will be reduced and she will be released in May, but this is well short of what he sought. Mr. Assange had called for Chelsea Manning to receive clemency and be released immediately.”

It isn't actually clear whether or not Mr. Assange faces extradition to the US. Authorities and Wikileaks lawyers have refused to state whether such an extradition has requested, but it may have been done privately or not at all.

White House officials said that neither Mr. Assange's previous commitment nor any of his other activities had played a role in deciding to grant clemency to Ms. Manning, according to the Associated Press. The Justice Department would consider any potential action in relation to Mr. Assange separately from the White House, officials have said.

In trained cops still can't shoot straight news, two police officers responded to a burglary in progress in Pittsburgh and returned fire, killing the homeowner. Pittsburgh police say the officers were on the front porch of the house when a man inside started shooting in their direction. They fired back, hitting the homeowner, 57-year-old Christopher Thompkins, who died shortly afterward.

Neighbors heard 7 or 8 gunshots in the quiet neighborhood and described the deceased neighbor as friendly.

Investigators removed the screen door to the home and took down at least one security camera that was mounted on the of the house.

I'm sure the Pittsburgh police will follow the standard operating procedure in these situations. They will investigate themselves and find they did nothing wrong in a case where a man has lost his life and police ignored one of the basic gun safety rules, be sure of your target and what is beyond it.

In secession news, one in every three California residents now supports the most populous US state's peaceful withdrawal from the United States according to a new Reuters opinion poll. The 32 percent support rate is sharply higher than the last time the poll asked Californians about secession, in 2014, when one-in-five or 20 percent favored it around the time Scotland held its independence referendum and voted to remain in the United Kingdom.

While interest in secession has remained about the same nationwide, it has found more favor in California and the concept has even earned a catchy name - "Calexit."

"I don't think it's likely to happen, but if things get really bad it could be an option," said Stephen Miller, 70, a retired transportation planner who lives in Sacramento and told pollsters he "tended to support" secession.

I've talked about secession on this show quite a bit because I think that secession is clearly our right as individual and sovereign humans. I believe we have a right to choose our rulers, or to choose to have no rulers, as we see fit. This is why I work actively with the Foundation for New Hampshire Independence to hopefully help us get DC out of New Hampshire!

Backers of the proposed constitutional amendment seeking California’s secession from the U.S. can begin collecting voter signatures to qualify for the 2018 ballot, the secretary of state’s office said. Proponents have until July 25 to collect 585,407 valid voter signatures to qualify for the November 2018 ballot.

The proposed measure would strike language from the California Constitution defining the state as “an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.” If it passed, there would be a statewide special election in March 2019 to ask voters if they want California to become an independent country.

Besides the measure’s long odds of qualifying for the ballot, let alone passing at the polls, any effort by California to leave the U.S. likely would require an amendment to the U.S. Constitution. That would require approval by two-thirds of Congress and three-quarters of the states.

Where is the fucking logic in this? I send my girlfriend a breakup letter and she says, "nope, me and the other 49 of my boyfriends who are living off of the $300 billion-plus that you send to me every year aren't letting you break up with me." That seems a bit one-sided to me.
In government indoctrination center news, a Baltimore mom is outraged after her third grader came home from school with three of his teeth missing. She says his elementary school performed a dental procedure she never knew about.

Baltimore City Schools says Flemming signed a permission slip, but Flemming thought it was for routine cleanings. “They just said they was gonna clean my teeth,” says the child.

But there’s more — the procedure caused Michael to miss the bus, meaning he had to walk almost a full mile to get back home. “I just don’t understand how a school or a company can take it in their hands to do something like this to a child,” says the mother.

The reason they can do this is because they honestly believe that it takes a village to raise your children and that they have as much say in our kid's lives as we do. Not my kids. This is one of the many reasons my children will never spend a single say at a government indoctrination center as long as I draw breath.

In the politics of science news, the supposedly non-partisan Bulletin of the Atomic Scientists took the "unprecedented" step of moving the Doomsday Clock 30 seconds closer to midnight, to leave it at 2 1/2 minutes away. They did this in response to climate change and the election of Donald Trump.
Explaining its move, the Bulletin's Science and Security Board said:

"Over the course of 2016, the global security landscape darkened as the international community failed to come effectively to grips with humanity's most pressing existential threats, nuclear weapons and climate change ... This already-threatening world situation was the backdrop for a rise in strident nationalism worldwide in 2016, including in a U.S. presidential campaign during which the eventual victor, Donald Trump, made disturbing comments about the use and proliferation of nuclear weapons and expressed disbelief in the overwhelming scientific consensus on climate change."

The board criticized President Trump further, saying that "even though he has just now taken office, the president's intemperate statements, lack of openness to expert advice, and questionable cabinet nominations have already made a bad international security situation worse."

Created in 1947, the Doomsday Clock was conceived by scientists who had participated in the Manhattan Project. Initially seen as an indicator of the likelihood of disastrous nuclear conflict, it now also includes other threats, such as climate change, biological weapons, and cyber threats.

I imagine conservatives felt the same way about Obama in 2008, but the facts are that most scientists are liberal due to the funding they get from government in a lot of cases. This is clearly a political move by a scientific body, and I think it is disgusting. I am a huge proponent and lover of science, but things like this piss me off. The wall we should be building right now is a wall of separation between government and science. This reminds me of a comment I saw on Facebook recently.
For eight years I watched the right cheer as Bush colleceted and concentrated executive power, then gasp in horror as that power was passed to a guy they didn't like. Then I saw eight years of the left cheering as Obama collected and concentrated executive power. They are now gasping in horror. I'd like to think that as some point people would begin to learn from this cycle."
Unfortunately, this cycle has been going on for longer than any of us have been alive and will likely continue long after we're gone. It reminds me of the myth about the goldfish only having a 3-second memory. Apparently, the American voter only has a 4 or 8-year memory.
ANCAP APPS

Lavabit is back! If you're not sure what Lavabit is, then I promise you that you will want to check this out.

Lavabit is an open-source encrypted webmail service, founded in 2004. The service suspended its operations on August 8, 2013 after the US government ordered it to turn over its Secure Sockets Layer private keys, in order to allow the government to spy on Edward Snowden's email. Lavabit was owned and operated by Ladar Levison. Levison basically told the government to take a flying leap and shut down completely to keep his customer's information private.

After shutting their doors three and a half years ago, on the day of Trump's inauguration, Levinson announced that the service was back open by posting a letter on the Lavabit website at lavabit.com. The letter said in part:

Today is Inauguration Day in the United States, the day we enact one of our most sacred democratic traditions, the peaceful transition of power. Regardless of one’s political disposition, today we acknowledge our shared values of Freedom, Justice, and Liberty as secured by our Constitution. This is the reason why I’ve chosen today to relaunch Lavabit.

In August 2013, I was forced to make a difficult decision: violate the rights of the American people and my global customers or shut down. I chose Freedom. Much has changed since my decision, but unfortunately much has not in our post-Snowden world. Email continues to be the heart of our cyber-identities, but as evidenced by recent jaw-dropping headlines it remains insecure, unreliable, and easily readable by an attacker. Today, we start a new freedom journey and inaugurate the next-generation of email privacy and security.

The new Lavabit is using some new technology as well. As the Lavabit site says:

"Developed by Lavabit, DIME (Dark Internet Mail Environment) is an open source secure end-to-end communications platform for asynchronous messaging across the Internet. DIME follows in the footsteps of innovative email protocols, but takes advantage of the lessons learned during the 20-year history of PGP based encrypted communication. DIME is the technological evolution over current standards, OpenPGP and S/MIME, which are both difficult to deploy and only narrowly adopted. Recent revelations regarding surveillance have pushed OpenPGP and S/MIME to the forefront, but these standards simply can’t address the current privacy crisis because they don’t provide automatic encryption or protect metadata. By encrypting all facets of an email transmission (body, metadata and transport layer), DIME guarantees the security of users and the least amount of information leakage possible. A security first design, DIME solves problems that plague legacy standards and combines the best of current technologies into a complete system that gives users the greatest protection possible without sacrificing functionality."

Not only is Levinson opening Lavabit back up, but he's also going to be releasing Magma, an open source mail server that could be used at a person's home or business that is compatible with the revolutionary end-to-end encryption in the new Lavabit. This means you could run your own personal mail server at your home that is completely encrypted and secure. This will include the security features from the web version of Lavabit.

The website says, "Magma is Lavabit’s open-source, commercial-grade, and full-featured server ready for use with the Dark Internet Mail Environment. Magma is now ready for commercial implementation and will fundamentally change the way business transmits encrypted data. Whether you are an individual, SME, or corporate enterprise wanting your own DIME compatible server, the Lavabit technical team can assist with your implementation and development needs."

The Lavabit web email service is not free but it will likely be one of the most secure ways you can use email. The cost for 5 GB of storage in your email is normally $30 a year, but if you sign up soon that price will be half-price, at $15. For 20GB of email storage, the cost is $60 per year, but is now half price as well. If you pre-register before the prices go up, your costs will remain at half price for the lifetime of your account.

While I said Lavabit is back, it is and it isn't. While it is up for previous customers of Lavabit, they are only accepting pre-orders for new accounts. Lavabit has also announced that if you were a paid customer when they shut down in 2013, then you are free for life at their 20 GB package level. That's pretty cool. I am purchasing a pre-order account myself and I hope you do as well. We've talked about security on this show an awful lot but one piece that is always missing is email because for the average Joe there just isn't an easy way to send email securely. That is changing. Check out Lavabit at lavabit.com. I don't think you'll be disappointed.

I bet the DNC wish Lavabit was in existence the last few years!

HERDING CATS

The annual Free State Project's New Hampshire Liberty Forum is this coming weekend, February 2nd - 4th, and tickets are still available! If you've ever thought about checking out New Hampshire and the Free State Project, this is the event to catch. Basic tickets that give you full access to the three-day event is $125 and the all-inclusive ticket that includes dinners on Thursday, Friday, and Saturday is $299. You can get your tickets at nhlibertyforum.com.

There is a really cool lineup of speakers this year and I can't wait to go to this thing in a few day. The founder of the Pirate Party Rick Falkvinge is the headline speaker but featured speakers include Jeffrey Tucker, founder and CEO of Liberty.me, Dale Brown, Director fo the Detroit Threat Management Center, Lyn Ulbricht, mother of Silk Road creator Ross Ulbricht, Dan Johson of the Tax Revolution Institute, and many others. Even I will be on a couple of panels and organizing a couple of the lunches for the event this year. You know if they're letting me speak it has to be a pretty cool event! Many of the friends I've made up here will also be giving talks and sitting on panels during the event.

This event is always one of my must do events every year. There is no feeling like being surrounded by hundreds of libertarians and voluntaryists all with the same goal of achieving liberty in our lifetimes. It is a feeling that can't be described, it has to be felt. It's a feeling you want to have at least once in your life, I promise.

If you are at Liberty Forum this year, please track me down and find me. You can ask for me at either the Libertarian Party of New Hampshire or the Freecoast booths and I'll be able to find you from there. I'm looking forward to meeting you! One of my favorite parts of any liberty event is meeting and hanging out with my listeners.

Also, don't forget that Anarchapulco is coming up soon too in Acapulco, Mexico from February 25th - 28th. They have a very impressive lineup of speakers as well. Tickets are still at the early bird level until they sell 300 tickets, so you can get yours for $245. This will get you access to the main convention, but there are many add-on workshops, boot camps, and summits you can get for additional costs. These include a Homesteading Workshop with Adam Kokesh, an Ayahuasca Group Trip, Change Media Universiy Bootcamp, Anarchy in Dating, Free Your Family Camp, and many others. You can check it all out and get your tickets at anarchapulco.com. I really hope to go to Anarchapulco next year.

OUTRO

Thank you for listening to the show this week. As always, I need to thank my favorite studio designer, Jessica, for her help with this show. For the show notes to this episode, where I put links and other information that has been on this show, go to thelavaflow.com/54.

I have three new iTunes reviews this week! Jeepindave said:

Great listen. Eye opening. I have learned much from his podcast. Thanks Roger.

Thanks, Dave! I hope you learn even more going forward. SC19782122 said:

Great Libertarian Podcast! I started listening while I was, of all things, training for a marathon. I downloaded numerous liberty-minded podcasts to get me through the hours of long solo runs. This show NEVER disappoints! It's prescient, and gives a TON of information in a short amount of time. Rodger - keep up the amazing work!

Thanks, SC! I'd love to hear how you did on your marathon! My last review this week is from new donor to the show, Paul. He said:

Exhilarating! Rodger's well spoken fast paced style keeps you laughing and being informed simultaneously. Each episode worth listening to twice.

Thanks, Paul! And thanks for your per episode donation to the show!

And speaking of per episode donors to the show, I have two new ones this week. First, Joshua is giving $1 per episode to the show. Thanks so much, Joshua! And, Clayton, the king of Ancapistan, is giving $2.50 per episode. Thanks, Clayton! Joshua and Clayton, you guys have joined an exclusive group of people who are awesome by donating to this show. This now puts me at $183.50 per episode or 73.4% of the way towards my next level where I will be bringing you a full 30-minute episode of The LAVA Flow every week!
And, if you, like Joshua and Clayton want more of the LAVA Flow, exercise your free-market muscles by going to http://thelavaflow.com/support and giving a per-episode donation of as little as a buck an episode using Federal Reserve Notes through Patreon or Bitcoin through Coinbase. I want to be able to bring you more content soon, so make sure to add your donation today to help make that happen!

Until next time... keep striking the root.

This has been a Pax Libertas Productions Podcast.

 

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