© 2016 Michael Swickard, Ph.D. “Civil
asset forfeiture is a cancer that eats at the very heart of the integrity of
the American judicial system.” Brad Cates
I’ve known Brad Cates since 1970 when
we both served in the New Mexico State University Student Senate. Later he ran successfully
for Student Body President. After graduation I worked at KOB-TV in Albuquerque and
Brad was a New Mexico Legislator. We talked often. Then he moved to Washington,
D.C. and I lost contact with him until recently when he returned to Las Cruces.
It pleases me that he opposes the
taking of cash and assets from citizens who have not been convicted of a crime.
This is a subject that I have written about several times. There is no place in
a Nation of Laws for citizens to lose assets without legal process.
Years ago when Brad Cates became
involved as the Director of the DOJ Forfeiture Program the Drug Cartels and
Mafia had resources they used that were gained by illegal actions. So it was
thought that the police should not allow criminals to use their ill-begotten
gains.
Then our police departments noticed
that it was also a convenient way to get additional financial resources to
bolster their budgets. Citizens who were not indicted or convicted were fleeced
of their assets so that police departments could grow on stolen money.
Never convicted law-abiding citizens
have been and are victimized by this immoral use of police force. The Washington Post in 2014 wrote that $2.5
billion in cash alone has been taken from citizens since 2001. It was done
without warrants or indictments.
But the practice is growing. In 2014
alone, according to the Washington Post,
the take was $5 billion. That $5 billion was more than was lost in all burglary
that year.
So Brad Cates has been pushing to
rein in the practice. I noticed one of his quotes in the Santa Fe New Mexican and contacted him.
He explained that he is a proponent
of taking the profit and proceeds from convicted drug dealers, terrorist,
racketeers, child pornographers and other serious criminal in a process called
criminal forfeiture. However, he is against taking assets from citizens not
charged or convicted of a crime. Me too.
It is unfortunate for liberty in our
country that Civil Asset Forfeiture is in nearly four hundred federal laws
along with similar laws in many states. There has been a flash fire of protests
by New Mexico citizens about police departments taking cars from citizens
without going before a judge.
Please understand it has not happened
to me or anyone I know, rather, I protest this action since while legal it is
immoral. There is something that we can do about this if you will help.
The next meeting of the New Mexico
Legislature will be January 2017. All 112 members of the legislature are up for
reelection. Today is a great time to find your legislator or person running for
the legislature and bend his or her ear that a law needs to be passed and
upheld if vetoed to end all forfeiture without legal action. No exceptions.
This is the time of year that you
can spend time with these politicians and they will listen since there is the
November election.
One more thing: shame on town
councils and police departments who justify this immoral practice because they
say they need the money. If so, then fire every municipal worker who isn’t day
to day keeping the municipality going. The police, fire, sewage, water, trash
and traffic workers are safe.
Instead fire all public relations
workers, extra program workers, art festivals and other nice to have but not
critical programs. If we have to steal assets from citizens without judicial
review, we can do without those services. Again, all they have to do is use forfeiture
after judicial conviction and I will support their actions.
You can contact Brad Cates through
his website: www.bradcates.com.
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