Mon 21 Feb, 2022 12:01 pm
In the U.S., if a group of people does something illegal (e.g., use their trucks to block a bridge), can the government freeze their bank accounts?
The government might think that such an action would cause the truckers to unblock the bridge.
We are increasingly living in a country where police, DAs, and prosecutors are "finding" the right to seize anything they wish to seize. Founded in 17th Century Admiralty Law "in rem" civil forfeiture law allows police to accuse the thing (rem) of being guilty without charging it's bearer of malfeasance. This is especially dangerous with regard to due process and has turned many police into pirates. When we do wake up to this dire reality it just might be too late to effectuate change. We lack liberty. - David Lyga
I have certain beliefs with reference to civil forfeiture, but I digress. As to Freezing of Bank Accounts, I don't believe that civil forfeiture is relevant.
Oh it is highly relevant. Increasingly, small infractions can lead to just such asset seizure. Just ask the Institute for Justice based in Arlington, VA. There are horror stories galore on YouTube if you Google this topic
People like yourself are dangerously naive. - David Lyga
Would you consider a case of a public servant with a history of committing felonies in the carrying out of his duties? He is tried and convicted of a felony and sent to jail. That said, he receives his monthly pension while in jail.
I recommend that civil forfeiture or criminal forfeiture be used to take his pension from him.
I'm definitely not an expert here but I think that unless you could show that the funds in the accounts were illegally obtained or being used to fund illegal activity, you can't freeze them. I agree with that policy. You want people to use banks which are extremely efficient in moving money around. It would hinder the economy if people lost confidence in the security of their money in banks more than it would gain and eventually the government would start to use such strongarm techniques to punish anyone who spoke out against the government.