Subject: The Federal Forfeiture Bill and how it affects all of us. My own
From: [email-masked]
Date: Sat, 26 Feb 2000 11:03:48 EST

Jason:
You have forwarded to me an e-mail asking me to go to the site 
http://www.forfeiture.org and to take action.  Thank you.

I have gone to the site and read the contents. I did "take action" by adding 
my name to a letter to be sent to my elected officials. I did this because 
while I do believe in the concept of forfeiture in criminal prosecution, I 
also believe that being found guilty is an essential prerequisite. It is also 
essential that strict rules governing the distribution of seized  property, 
once the legitimate criteria for forfeiture has been met,  must be clear and 
respected.

I have had my own personal experience with the unfairness of forfeiture laws.

In 1970 on an organizing tour for the Gay Liberation Front I was arrested in 
Texas and charged with the procession of heroin and dynamite. I had neither 
in my procession. I had just purchased a new VW Bus with hard earned pennies. 
I had paid cash because as a "hippie radical" I did not qualify for credit. 
My car was seized by the police department and sold at an unannounced auction 
two days later for $25 to a police officer's wife.

At my trial no evidence of either heroin or dynamite was produced. They did 
produce two dried out marijuana joints. As you may remember from that time, I 
did not smoke pot. Nor as a political person from the North driving in Texas 
would I have anything illegal on my procession that would put me at risk with 
the legal authorities. They also introduced into evidence copies of MAO 
TSE-TUNG's little red book, copies of the Black Panther newspaper and copies 
of the Gay Liberation Front's COME OUT and ECSTASY. These had been in my van.

I spent almost a year incarcerated in the Dallas County Jail until the 
completion of the trial and probation process. To give you some kind of feel 
for the times, the ACLU had closed up shop in Dallas after having their 
office trashed repeatedly. Note: while I was incarcerated The Dallas Country 
jail came under federal indictment for overcrowding, At that time the 
procession of a joint could get a defendant 20 years to life in the Texas 
penal system.

When I was finally released, I was not given back by car.

I know the unfairness of forfeiture law in my own life.

I do support the principle of forfeiture in drug related crimes. I also 
support the development of criteria to set boundaries under which such action 
can take place by the state. 

People who profit from selling drugs and who do not participate in society by 
paying taxes like ordinary people are in my view parasites on the belly of 
America. They set a very bad standard for young people. One only has to look 
at how drug dealers/day traders  lifestyles in say Harlem or Mill Valley or 
irresponsible Hollywood movies role models a life that says scamming and 
cheating is a better way to live than hard work and a life affirming moral 
code.

I believe if you are prepared to profit from the crime, than you had better 
be prepared to suffer the consequences of your crime.

I suggest you turn you attention to the legalization of drugs. When drugs are 
decimalized than their sales will be treated like any other product involved 
in commerce. When you decimalized the sale of drugs you also provide a safer 
social environment where the average citizen is less venerable to crimes 
against property and body.

Jim Fouratt