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IRS Sets Precedent For Governmental Gun Seizure Without Charges

In America we have this understanding that we are innocent until PROVEN guilty.  Unfortunately, a law concerning the Internal Revenue Service has flipped that notion on its head and it is a reversal of fortune that believers of 2nd Amendment should take notice of.

Using the “Civil Asset  Forfeiture Reform Act of 2000” the IRS can quite simply seize a persons entire fortune without actually filing any charges against them.  It is up to the victim of the IRS to hire a lawyer and pay the legal fees in order to prove that their life savings are legitimate.

Initially concocted under the notion of combating drug traffickers, gangsters and terrorists, the Act has been used mostly against law abiding citizens.  In 2012 for instance, 639 people had their assets seized, only about 1 in 5 of which ever led to any criminal charges.  That means 80% of those people were innocent of any wrongdoing and had to either file bankruptcy, go into massive debt fighting, or take a settlement offer for a fraction of the money that the IRS seized in the first place.

The New York Times Reports: When no criminal activity is charged, the IRS often negotiates to return only part of the seized money, leaving impoverished citizens with little option but to either accept the IRS’ offer or continue a lengthy and very expensive legal battle to try to get their legitimately earned money back.

When it comes down to it, this is basically government racketeering and extortion.

How it works is, the government tracks how much money you put into the bank.  If you do anything “suspicious” like put in less than $10,000 cash (the level above which must be reported) then the IRS can assume you are a criminal and seize your assets.

Here’s the rub:

Law Enforcement Agencies GET TO KEEP A SHARE OF WHATEVER IS FORFEITED.

That’s right. It would be like a cop getting 20% of the proceeds from every ticket he writes.  Do you think ticket writing abuse might take place?  Of course it would.

And who are these people who are having their lives ruined?

Army Sgt. Jeff Cortazzo was saving up for his daughters’ college education when the IRS seized $66,000 of his money – it cost him $21,000 to get the remainder back.  His daughter had to delay going to college for one year.

In Long Island, NY a 27 year old candy company that deals heavily in cash made daily deposits between $5,000 and $10,000 and had their entire bank account consisting of $447,000 seized.  That company, with no criminal charges filed, is now $300,000 in debt.  The IRS offered a pennies on the dollar settlement which the company refused.  Remember…NO CRIMINAL CHARGES.

The company’s attorney,  Josh Potashnik stately his thoughts on the matter: “I don’t think they’re (the IRS) really interested in anything. They just want the money.”  Of course they do, they get to keep most of it.

Carol Hinders runs a Mexican Restaurant in Arnold’s Park, Iowa.  Another small business dealing in cash, Hinders saw her entire $33,000 personal life savings seized by the government because she would make daily deposits of profit that just happened to be less than the $10,000 reporting limit.  In order to stay in business while the IRS keeps her money, Hinders has maxed out her credit and taken a second mortgage out on her home.

So what has the CAFR Act of 2000 really done?  It has created a dragnet of law enforcement agencies, backed by the IRS, who go out trolling for innocent people who they can legally rob and hold hostage while and then are REWARDED with a portion of the seized assets.  Remember…all with NO CRIMINAL CHARGES being filed or even pursued.

Why is this important to gun owners?

This is a precedent being set.  If the IRS doesn’t need actual proof or are required to file charges in order to seize the entire life savings of an innocent person, then the day may come when the ATF doesn’t need proof or have to file charges in order to seize the entire gun collection of an innocent person.

Think about it.  What if, in order to “protect the children” and “fight terrorism” a law was passed that required you to report whenever you purchase more than 5 guns a month.  A load of BS I know.  But then what if they passed an accompanying law that gave the ATF the right to seize all weapons from “suspicious” gun buyers?  The only thing suspicious being that you only bought 4 in one month.

Thanks to the precedent set by the IRS, that is all it would take to assume you were trying to duck the reporting requirement.  Next thing you know you have ATF agents raiding your house, shooting your dog and seizing every firearm you own.

On top of all that tyranny, the ATF and cooperating law enforcement agencies get to KEEP some of your guns for themselves.  And even if you are never charged with a crime, the amount of time and money it would cost to prove that you are innocent and get your weapons back would be greater than the value of them to begin with.

Its as brilliant a scheme as it is sickening.  Basically we have incentivised and sanctioned the tyrannizing of law abiding citizens.

The IRS has opened the door and it is only a matter of time before gun control loving politicians try to bestow the same powers on the ATF.

America, where you are innocent until proven guilty…unless you have something the government wants to steal.

  • RAYAKE

    I don’t see any WELFARE people or the damn border crossers on the list..Just hard working People !!!

    • Bullets First

      Yep. Just hard working small business owners and private US citizens getting the short end of the stick by a growingly tyrannical and greedy government.

  • roadking2000

    This government is asking for a revolution!

    • Paul W

      I agree. The day will come when the mass of law abiding citizens who aren’t free loading off of the government will say “I ain’t gonna take it no more”. Bad English but you get the point.

  • ireAmerica

    The IRS is building more tyranny upon an unbroken history of prior tyrannies. The IRS was founded illegally in contravention of the both the legislative process AND the letter and intent of our Constitution.

    Precedent was introduced into the legal arena for exactly this purpose; to undermine the protections that the law affords citizens by evolving the body of legal decisions (vs the letter and intent of laws) toward greater power for government. Never mind that a favorite legal tactic is to misrepresent either the letter or intent of law in court to achieve an incorrect decision – which becomes precedent.

    As you all know, correct application of law weighs the letter AND intent against the issue at hand.

    These usurpations-by-precedent of the peoples’ Liberties are endemic throughout our (corrupt) governments – to the point that we now have a totally lawless “Executive” operating with insane destructiveness through the use of (ILLEGAL) “Executive Orders”.

    So, never accept precedent. Argue each case on the basis of the supreme law, our Constitution and subordinate legitimate laws, which are necessarily Constitutional.

    • Rosie46

      Unfortunately the IRS takes your money, leaving the person with no funds to fight them. And if you do, as the article says, you get back pennies on the dollar if proven innocent. Innocent until proven guilty no longer works — with the IRS it is guilty until proven innocent and then you only get pennies back. Congress needs to stop this wholsale stealing by the IRS and other agencies as well.

      • Sharilyn Hartwell

        Folks … it is NOT just the IRS using this

        “Civil Asset Forfeiture Reform Act of 2000” … I have watched and read You Tube video’s/articles about police stopping people of another state and their FIRST question is “Do you have any cash on board?” and then proceed to confiscate it if you answer Yes….one person mentioned had $2700.00 cash as he was going to purchase a (new to him) car … another man had about $17,000 as he was going to purchase some needed additional restaurant equipment for his BBQ restuarant … he fought it but by the time he did WIN he had lost his restaurant because it took a year and a half! That is just TWO instances …. it is happening all over where ever there is a crooked cop or two that wants some easy cash … it is all working out so well for these LEGAL (really it is UN legal but you get my sarcasm, right?) THIEVES … WHEN WILL THE AMERICAN PEOPLE AWAKEN FROM THEIR SLUMBER? I SAY ENOUGH HAS BEEN ENOUGH FOR TOO MANY YEARS NOW!!! The only way to stop these criminals IN THE PUBLIC SERVANT CLASS is to spread the TRUTH of this information to EVERYONE YOU KNOW!! BAR NONE!!!!

  • Robert Lindsey

    According to a story in the Dayton, Ohio paper. Just making a deposit of less then 10,00 is a crime. Proving it came from legiment sources is not a defense. I sold a motorcycle a couple years ago and deposited a little over 9,000 at one time. I guess I could be the next victum

    • Recognizing_Truth

      A few years back I purchased a few lots of land for investment and to build a home. I moved money between several accounts in order to make the purchases, pay the closing costs, attorneys, etc. Most of the movements were going to be just under 10K. At my bank (a really nice home town bank with real people who know your name) the branch manager came out at the teller’s request and told me that if I did move the money like that, it would likely be a red flag to the IRS – because it looked like “structuring” (????). She helped me out by doing account consolidations so that I wouldn’t have to move funds between accounts. How nice was that? Of course, it would have been even nicer not to have to worry about the IRS watching everything I do.

      • Bullets First

        Structuring is the term for purposely avoiding the $10K threshold as a means to avoid paying taxes on the income.

        The way I see it, we get taxed so much from the government, if we are able to make some money on the side selling a car, making some bets or doing a yard sale the government can pound sand for taxes.

        • Johnny Geetar

          Ditto, BF. I’ll wield a bold prediction here…… Very soon, frustrated and angry Americans will soon turn their attention away from local and state law enforcement,( LEO shootings in Nevada and California) and begin going after employees of the federal govt.
          Folks have reached their breaking point. And honestly, robbing someone of their monies like this? Folks are going to start taking it VERY personal soon. I would…. Especially since un-committed funds are becoming scarcer in American households due to both the job situation AND the buying power of the dollar tanking.
          Give it 6 months.Some abusive federal employee/s are going to get a can of whoop@ss popped on em…. It’s inevitable. The fear many people feel is now being negated by raw anger…. And THAT is the threshold where a grossly outnumbered govt is putting their neck on the block….

  • monacall

    All i will say (NSA I hope your listening). Bring it on. I have enough ammo to get my self killed. But I guarantee I won’t go alone.

  • mcj5058

    so why isn’t THIS part of the campaign platform for anyone wanting a job in Congress?

    • Bullets First

      Great question. We need people in congress willing to stand up to the Fed, the IRS and all the money grubbers who rule America from the shadows.

    • Judyann J

      Here’s another question, why hasn’t this been made part of the IRS hearings congress has been holding? Why are they not issuing orders to the IRS to cease and desist?

    • Sarg

      When was the last time you wrote,e-mailed or faxed your congressman.
      Go on line to numbers U.S.A. and send a fax, call them up,get involved,
      bitch to them it will do more good then doing it here.
      They work for the people that put them in office make them earn there keep.

      • Spiritof America

        Sarg,……….. I stay involved. I write, e-mail and fax. Numbers U.S.A. is one of my favorites. Thank you for speaking to the people. They do need to be aware. Glad to know I am not the only one with a voice !

      • Sharilyn Hartwell

        Sarg … I also have been involved by contacting through many websites such as the former DownsizeDC now known as Consent Chronicles (great as they help you by having pre written letters about different topics of concern if you choose or allow you to write your own on their website … then its as easy as hitting the send button as your zip code sends it on to your congress critters, ALIPAC (immigration issues and this does same as DDC/CC, NUMBERSUSA, etc. ALL of these help make it as easy and all are free but anyone is encouraged if can afford it to send in donation but that is NOT required of any of these 3 groups. I HAVE BEEN DOING THIS FOR AT LEAST 10 YRS OR SO … I also forward their newsletters on to others hoping they will do the same. I doubt that very many are joining in to do their share … but one can only hope and pray that they will if currently are not.

      • carlcasino

        Sarg, The people who put them is office is the part of the equation everyone misses. Money walks and BS talks. Every reply I get is duplicated by some close associates I keep in touch with~across State lines in the form of a generated response. If I were to donate 100 k thru a PAC I would get a real response.

    • Johnny Geetar

      You know what? That is the most valid question i’ve read all morning. Why not indeed?

  • Emily Brobst

    I wonder, if after 2016 and if smart conservatives such as Mike Lee, Ted Cruz, Allen West, Herman Cain are helping to run things, will there be any change in the unlawful, unethical,, criminal, hateful, vindictive, lustful practices of people who staff the IRS, FBI, CIA, all the alphabet agencies? It seems that so many of them are driven by pure hate for all Americans. Will we ever get back a country which is peopled by those with a heart for their fellow humans?

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  • PatriotVet

    Better have a warrant duly signed and in compliance with the 4th Amendment. Otherwise better bring a BUNCH of body bags! You’re gonna need ’em!

    • PatHenry

      They will kick down your door in the middle of the night and outnumber you 10 to 1 they don’t play fair.

  • Nut Cracker

    S H O O T B A C K ! ! !

  • Phaenius

    Again. The Bible please. Want to step on God’s last nerve (we already are stepping on them concerning Abortion and

    the government’s hatred of Israel).

    But God has a threshold of what SLAVERY is, and it is set at
    ten percent. We are God’s SERVANTS when
    we tithe showing the world that we are indeed slaves ONLY TO GOD, not men as
    per 1 Cor. 7:20-24.

    But God considers that when we as second class farmers or
    second class ranchers have taken from us ten percent from government, we are
    the servants of government.

    Does that compute?

    Is there ANYTHING in the precious national documents as
    frayed from shredding as our ten commandments are from removing from the public
    eye that says we are supposed to be servants to the government?

    1 Samuel 8:15-17 will give you this bit of information
    concerning God’s attitude about government taking from the people the tithe
    when GOD is supposed to be the KING, the MASTER, even the TYRANT of our life,
    as long as the subject of tyranny is righteousness or that which is right in
    HIS eyes.

  • 48vince

    Put simply, it’s a shakedown.

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  • 48vince

    It’s called a shakedown, whether it’s done by the government or by the Mob.

  • jimpeel

    There is nothing new about civil forfeiture. How does anyone here think Donald Scott got murdered — and he was murdered — because the authorities wanted to confiscate his Trail’s End Ranch. http://www.fear.org/scott.html

    That site, http://www.fear.org, has existed since the eighties and documents forfeiture abuses. We can all thank former Atty. Gen. Dan Lungren the Father of Forfeiture for this debacle that has cost lives and treasure for the innocent as well as the guilty. All it takes is an accusation and you could become a victim.

  • AZ BOB

    The IRS did not make that law but the Politicians we elected, so where is the Petition to our Congressmen and where is the Congressional committee.

  • TexasOlTimer

    This is already happening. There are already massive gun collections being taken – it’s just a matter of using a search engine to find the many cases over many decades. If your home is used by a family member who sells drugs while away from the home (you know nothing about it and are completely innocent), your home can still be seized by local law enforcement simply because it’s assumed that the family member was doing this from the home as well. Both of these were in the news in past months.

    But it’s been going on for decades – back in the ’70s, Louisiana was doing this by stopping vehicles traveling through the state, stopping them on the basis of ‘speeding,’ then ‘deciding’ that the vehicle was being used for drug transport and taking it. One of the ’20-20′ type programs back then did an expose on it. One lady with a Cadillac going to her daughter’s wedding in Texas had her car taken – such a car was obviously from a drug deal, right?. Two employees of a company in the east had saved cash, been given time off by their employer to go to Texas to purchase a pickup and were stopped in Louisiana. The amount of cash on them was obviously the results of drug deals even though their employer told the cops it wasn’t but they took all the cash anyway.

  • Shadow_58

    Try that sh*t with me and it will be “The Shot Heard Across America”.

  • Robert K

    Molon Labe

  • gavinwca

    Lawenforcement not only is confiscating money from innocent people, they are making deals with the real Drug dealers, and other criminals, that they will not file criminal charges if the criminal will give up the owernership of the money confiscated. This to me is a BRIBE regardless of how legal they think it is. Under this system honest citizens are robbed, defrauded and ruined without cause, the criminals just pay a bribe to the government called forfeiture , and are allowed to continue the criminal activity that this law was reported to cripple. Corruption made legal with outrageous laws.

  • Paul Dragotto

    stop the organized crime and abolish the IRS!!

  • Adhemarde

    The government wants to do away with all cash transactions, because they are difficult to monitor. Checks, credit cards, and so forth are all electronic transactions that are recorded and easily accessible to the government. If you have a preferred customer scan card on your key change for the grocery store, you know how this works. All your purchases go into the data base, and the computer profiles you in order to send you the appropriate advertising. This same technique can be used to monitor your purchases to figure out what you buy, where you shop, where you eat, where you travel, and so forth to profile you. Then, you can bet who will get a midnight visit.

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