alt.sports.baseball.montreal-expos
Ed...@alt.sports.baseball.montreal-expos
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 under the
* Drug War's "facilitation" provision. The judge was so embarrassed he
*
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