Thursday, February 07, 2013
Jud McMillan Represents Dearborn County Prosecutor's Office in Civil Suit to Seize Acapulco Assets
Jud McMillan Represents Dearborn County Prosecutor's Office in Civil Suit Filed to Seize Acapulco Resaurant Owner's Assets of $3.8million +
http://www.thedcregister.com/index.php?option=com_content&view=article&id=5796:civil-suit-filed-to-seize-acapulco-related-assets&catid=1:latest-news&Itemid=44
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8 comments:
so let's see if i have this straight. aaron is continuing to prosecute this guy because he didnt pay his taxes. instead of using the $$$ the cops took to help pay those taxes, he is going to keep it for himself and hell, maybe give his buddy jud some while he's at it. whos the thief here?
From Institute for Justice:
http://www.ij.org/part-i-policing-for-profit-2 (full article)
Policing for Profit: The Abuse of Civil Asset Forfeiture
By Marian R. Williams, Ph.D.
Jefferson E. Holcomb, Ph.D.
Tomislav V. Kovandzic, Ph.D.
Scott Bullock
March 2010 Summary
Civil forfeiture laws represent one of the most serious assaults on private property rights in the nation today. Under civil forfeiture, police and prosecutors can seize your car or other property, sell it and use the proceeds to fund agency budgets—all without so much as charging you with a crime. Unlike criminal forfeiture, where property is taken after its owner has been found guilty in a court of law, with civil forfeiture, owners need not be charged with or convicted of a crime to lose homes, cars, cash or other property.
Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head. With civil forfeiture, your property is guilty until you prove it innocent.
Policing for Profit: The Abuse of Civil Asset Forfeiture chronicles how state and federal laws leave innocent property owners vulnerable to forfeiture abuse and encourage law enforcement to take property to boost their budgets. The report finds that by giving law enforcement a direct financial stake in forfeiture efforts, most state and federal laws encourage policing for profit, not justice.
Policing for Profit also grades the states on how well they protect property owners—only three states receive a B or better. And in most states, public accountability is limited as there is little oversight or reporting about how police and prosecutors use civil forfeiture or spend the proceeds.
Federal laws encourage even more civil forfeiture abuse through a loophole called “equitable sharing” that allows law enforcement to circumvent even the limited protections of state laws. With equitable sharing, law enforcement agencies can and do profit from forfeitures they wouldn’t be able to under state law.
It’s time to end civil forfeiture. People shouldn’t lose their property without being convicted of a crime, and law enforcement shouldn’t be able to profit from other people’s property.
What Does Jud Get Paid?
Prosecution and Police Get Paid First...
Several of those named in the forfeiture have had their charges dropped.And yet the government can still take their assets?
Indiana gets a C+ grade and has some of the better civil forfeiture laws in the country, at least with regard to the profit incentive. Unfortunately, to forfeit your property, the government only needs to show that it was more likely than not that your property was related to a crime and thus is forfeitable—the legal standard of preponderance of the evidence, lower than the beyond a reasonable doubt standard required for a criminal conviction. But law enforcement in Indiana does not receive any of the funds gained through civil forfeiture, which keeps the focus of law enforcement on preventing crime rather than raising funds. After deducting law enforcement costs for the prosecution of civil forfeitures, all forfeiture revenue is sent either to the general fund of the state or the state’s education fund. Indiana does participate in equitable sharing with the federal government, averaging more than $2.6 million per year in the 2000s.
Hopefully, Jud can make enough money where he can afford to pay his own speeding ticket and not cry to Aaron.
OK so let ME get this sraight. These illegals and others ripped off US taxpayers and you are whining about more attempts to get it back? This is really about your beef with negangard and mcmillin (which is your perogative and yes maybe there are issues there) but I don't care who is pursuing it, these criminals should not be left off the hook. I say go for it...
The only person/people getting anything back are Aaron and Jud. As it stands right now, you, me or any other taxpayer for that matter aren't getting anything back as a result of this suit. If you ask me, this money should go back to paying off the taxes that weren't paid, then go to the Common School Fund the way the legislature intended, instead of to this greedy local yokel for him to spend on fortifying his own ego.
This does not appear to be the same "Jud" who came to my door, sent me letters, etc., etc., telling me how he was going to fix corruptness in the area, and everything for the people. I almost bought it. Very sad that he is getting mixed up with the thug prosecutor. He's making a name for himself but certainly not in the way he originally told it to the people.
Another day in Dearborn County.
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