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9QD6rg5CCiLzfAz2g5wDSIg2ju11S0JkuyIgp58N3PmgxRfRnv OlEjKyRilvef8UvowGmOoUsSgTgIwgZHNyPPP5wugMapJ8f7Lk DtrVZ3ChnDno
terminate "benefits".
] * To the government, the question of whether the money had been legally * earned or was the product of a nefarious drug sale was of no concern. * * Maybe worse than the nebulous structuring provision is a feature of the * same group of laws that places the burden of proof on the victim. In * other words, rather than the government having to prove that Alvarez * had violated the statute before it seized his money, Alvarez had to * prove that he was innocent of any wrongdoing before he could get it * back. Further adding to the profound unfairness of the seizure process * is an incredible provision that anyone who wants to challenge an action, * who wants his day in court, must file a bond with the government of * either $5000 or 10 percent of the value of the seized property. Alvarez * had to borrow the money from his credit cards. * * The Assistant U.S. Attorney Jonathon R. Howden, flooded by financial * statements by Alvarez's defense attorney (who was a retired career * criminal investigator with the IRS), admitted he would not take the * case to court. That step took seven months. * * However, Howden made an astonishing attempt to keep half of the $88,000 * the government had seized from Alvarez's bank account. Howden offered * Alvarez two options: settle the matter by agreeing to a 50 percent * forfeiture, or the money will be returned to the IRS, who might keep * it. Alvarez's lawyer called his bluff and got the money back after * a full year had elapsed. Loss of a full year's interest and $5000 in * legal fees were the result. * * The government's abrupt assault shocked Paolo Alvarez to his core, * leaving him with powerful feelings of fearful despair and isolation. * * While the fear was obviously justified, the feeling of isolation was * way off the mark. He has lots of company. [snip] * * The federal government seized the home of an elderly couple |
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