FBI seized $40k from Linda Martin without charging her with a crime
Civil Asset Forfeiture and “Freedom”
- Many commenters call civil asset forfeiture (CAF) straightforward theft and a direct infringement on freedom: taking money is taking the ability to buy food, housing, legal defense.
- A minority defends CAF conceptually as a way to strip criminals of illicit gains separate from criminal fines, but is challenged for conflating civil forfeiture (no conviction) with post‑conviction criminal penalties.
- Others stress that the distinctive U.S. problem is executive forfeiture in practice: assets taken before judicial decision, often without meaningful involvement of the owner.
How the Martin Case Played Out Legally
- Several clarify that Martin ultimately got her $40k back (with interest); the court dismissed her case for lack of jurisdiction/mootness once the money was returned.
- Debate over language: “lost her case” vs. “dismissed,” with some saying dismissal is effectively courts refusing to hear the merits.
- The class-action angle failed because no class was certified before her individual claim became moot.
Incentives and Patterns of Abuse
- Commenters highlight perverse incentives where police departments and prosecutors’ offices are funded by forfeiture, encouraging shakedowns.
- Examples include departments buying luxury trucks, novelty badges, or premium dog food instead of public-purpose spending.
- One detailed account from Illinois describes confusing notice procedures, tight deadlines, and routine offers to return only a fraction (often 50–80%) of seized money to avoid trial.
Constitutional and Judicial Concerns
- Many argue CAF plainly violates the Fourth Amendment’s protections against unreasonable seizures, with “charging objects” seen as a legal fiction.
- Courts are described as using standing, mootness, and other procedural doctrines to avoid ruling on abuses involving surveillance, environmental harms, and forfeiture.
- Qualified immunity and “the process is the punishment” are cited as reasons victims rarely fight back.
Personal Experiences and Fear of Retaliation
- One commenter recounts an FBI raid tied to a Wikileaks probe, loss of computers and bitcoin, and intense anxiety about ever suing.
- Others share stories of local police using forfeiture to ruin innocent people, driving them out of the country or into poverty.
Crypto, Cash, and Practical Workarounds
- Some suggest crypto as partial protection; others note agencies already seize crypto routinely.
- Privacy coins and careful self-custody are mentioned as harder targets, but still not a legal fix.
- A few point out that simply keeping large sums in a bank might have avoided this specific incident, while stressing that cash possession is legal and should not invite seizure.
Politics, Policing, and Comparative Context
- One camp blames “law and order” politics and the war on drugs more than “billionaire control,” though others see forfeiture as a tool to control the broader population.
- Several argue police primarily serve state/elite interests; others nuance this as serving the state, which is typically aligned with wealth.
- There is disagreement over how unique the U.S. is: one commenter claims most countries have similar mechanisms; others counter that U.S. practice, especially pre‑judgment executive seizure, is unusually aggressive.