cross-posted from: https://slrpnk.net/post/13145612
(edit) Would someone please ship some counterfeit money through there and get it confiscated, so the police can then be investigated for spending counterfeit money?
ACAB, but that headline gave me a chuckle, at just how fucking blatantly criminal, and more importantly immoral, but also so so ridiculous they are. Can’t you just picture a bunch of cops in full tactical gear standing around in some room in a post office, patting each other on the back as they successfully empty a bunch of birthday cards in to a pile… 😂
(having read the article, and knowing cops, I know there were serious amounts of money stolen, this was just the image I got from the headline)
My first thought was the same thing. But then I realized that birthday cards go in envelopes. Usually they go through USPS, not FedEx.
They probably weigh the birthday cards to see if anything seems worth opening.
Do you think the wall behind them has one poorly drawn ‘fundraising goal meter’ with big ticket items on it, like machine gun robot dogs, amwraps, machine gun drones, tanks, next-gen stingray devices, or networked city-wide camera systems so they can spy on their ex-girlfriends; or do you think each officer has their own chart, with smaller, more personal items, like shooting targets of POC and pets, vaguely white supremacist decals for their cars, training sessions on how to manufacture evidence, or discrete GPS tracking, first aid kits, and bruise concealing makeup for their wives?
Oof… Maybe a mixture of both? Like at the ticket “shop” at the arcade, so the robot dog is the super mega prize hanging at the top as the unattainable temptation, but most pigs only collect enough for the minor prizes, and can’t figure out that pooling tickets would get them better things…
Indiana law requires any assets seized in a civil forfeiture case to go directly to the school fund — likely to mitigate the moral hazard and incentive to steal citizens’ assets — but little money is actually going to that fund. Instead, police departments are keeping it for themselves, and a 2019 Indiana Supreme Court case upheld that, allowing police, prosecutors or private lawyers contracted to carry out the cases to keep a minimum of 90%.
Naked corruption.
Something similar happened to me. Office of Foreign Assets Control (OFAC) seized money from a bank transfer paying rent to my landlord (years ago). It took five days of calls to the bank to find out why the transfer didn’t go through. I got a case number and filled out paperwork disputing it (with OFAC) and the letter I received in response said they had no record of the case.
The best I could hypothesize what happened was that because my landlord had a Middle Eastern-sounding name, maybe this was suspected to relate to terrorism. I gave up. I knew it wasn’t worth my time to pursue because to get justice, I’d have to invest more time and energy than the cash was worth. I nearly got evicted because of this shit and I still judged the bureaucracy too great to address (I think I made the right choice; no sense fighting the government unless my freedom is on the line or it’s some huge sum of money).
I got money orders at the post office and deposited them directly into my landlord’s bank account after that. Huge pain in the ass to make sure my money went where I wanted. I live in a building owned by a corporation, now. I don’t think I’d rent from a private citizen again because of that bullshit. (It’s not like I’ll ever own a home, given that I like living in the Bay Area.)
Since it’s a small amount of money, the legal process would be with small claims court. You don’t need a lawyer for that. Small claims is cheap and easy going. It’s typically under $100 to file (which you get back if you win) and in some states a registered letter is sufficient to serve the other party.
You would not want to sue OFAC though. In this case you would ideally keep a paper trail of your payment attempt and carry on. Give your landlord the proof of payment (attempt) and wait for the landlord to act against you. That’s the easiest… you wait for the court date and show up with proof of your attempt to pay and a copy of your landlord’s payment procedure (which you followed). OFAC apparently did a money grab on the landlord, not you, so you would come away clean so long as you paid as per your landlord’s instructions.
That’s not going to work for long. Best you’re going to get is a stay until you pay. Might as well make it right with the landlord while you actually do take OFAC to small claims court. Because they’ll find it then.
But also, this is what your Congress critter is for. All kinds of things get magically resolved when the congressional office of the honorable so and so makes an inquiry.
That’s not going to work for long. Best you’re going to get is a stay until you pay.
Hold on. Who are you saying OFAC took the money from, the tenant or the landlord? You can’t have it both ways. The tenant complied with the terms of the contract to send the money as directed. OFAC targeted the landlord. A court would not have impose a higher expectation than following contractual obligations.
I could see if a check got lost in the mail, where the result is that the defentant retains possession and constructive use of the money, then a court would have enough descretion to rule fairly. But the OFAC case is not that case.
That’s wild!
You ever check OFAC’s Specially Designated Nationals list for your landlord?
Two plot twists that come to mind: landlord was actually ISIS with a great cover story, bank manager stole the money and made up a case number.
Tbh strictly speaking the bank probably shouldn’t have told him anything about the OFAC intervention, they’re not supposed to tip off in these circumstances - so it could well have been a made.up number.
It’s really annoying that @some_guy@lemmy.sdf.org just took this on the chin. For me even a dispute over $100 would be worth the courtroom battle just to satisfy my curiousity of what happened. A landlord cannot evict without a court procedure, so the tenant would not have to spend a dime on court costs and bring the paper trail to the court. From there, since the banks (all 3 involved) did a shitty job of investigating, they could have been named as 2nd party defendants (sue them all, let the judge sort it out). The investigation should have revealed the bank where the money landed and the actual bank account from there. They could then use the court to subpoena the agency that has “no record of the case”, but who the bank says has the money. If there is no case, then they can return the money (a judge would say).
OFAC obviously benefitted from someone’s court phobia even though the tenant had nothing to worry about.
So people should sue FedEx and let FedEx either stop transporting through the state or sue the state with those deep pockets. Or idk maybe the doj should fucking take this up as they are now fucking with interstate commerce and committing felonies as a state.
The institute for justice FIRE and a couple other major civil rights organizations have been working working on getting civil forfeiture over turned and made unconstitutional for decades now
for decades now
When obvious criminal activity requires decades to solve you should kind of take the hint…
IIRC, New Mexico banned civil forfeiture. But the cops kept doing it anyway. So a law change is not enough… enforcement is also needed. Yes, against the police, sadly enough.
They can still perform asset forfeiture if they believe there is criminal probability. So they only need to have weak evidence criminal activity is at issue, to search, and confiscate things. Since this is the majority of what they did already, it didn’t do too much. This was mostly an attempt, by the state DA, to get ahead of the movement against asset forfeiture. A way for them to keep doing what they are doing, while paying lip service to civil rights. However their argument didn’t work as all forms of asset forfeiture are in the sights. They hoped having more cause, and a stricter documentation, would give them the leeway needed, but the case being brought is that if the item isn’t specifically evidence, it can’t be seized, if it is evidence it can’t kept, or there are other laws determining what is to be done when a conviction is had. So FIRE has said while it is nice it is a little more strict there, it is in no way outside of the scope of their lawsuits.
I’ve been boycotting FedEx for over a decade. Not for this reason but for the other reasons I mention in this thread.
It’s quite hard because many sellers do not disclose who they use for shipping. I can sometimes add a comment to my order saying “Do not use FedEx. If that’s the only option then cancel my order.” This makes online shopping tedious, so I’ve been driven to just shop locally.
Oh yes, Civil Forfeiture. But I’m sure that they would never use the counterfeit money to buy new toys for their precinct.
Is it illegal to mail cash or something? Or are they just blatantly stealing from people?
It’s not illegal. It’s also not illegal for the police to claim it’s criminal profits and seize it. The courts decided your money, (and other property), does not enjoy the same rights you do. So you have a right against search and seizure but your money and other property does not. This does three things. It opens your stuff up to be seized without a warrant, it makes it a civil case to get your stuff back, and you have to prove you’re not a criminal and your stuff wasn’t used by criminals.
It is absolutely unconstitutional on the grounds that it’s a naked evasion of our 4th, 5th, and 6th amendment rights. But good luck explaining that to the guys with the guns.
It is against FedEx policy. These are terms you would agree to if signing for a shipment.