4.6 • 949 Ratings
🗓️ 26 November 2024
⏱️ 8 minutes
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0:00.0 | This is the Cato Daily podcast for Tuesday, November 26, 2024. I'm Keel Brown. Civil forfeiture |
0:10.6 | continues to be a favorite procedure for the federal government, and the government's largely |
0:14.7 | avoided accountability for wholesale thefts from Americans. In a case where the feds seized the |
0:20.7 | contents of hundreds of safe |
0:22.2 | deposit boxes, a new Cato brief argues the D.C. Circuit Court should make clear that victims of |
0:28.2 | civil forfeiture have a due process right to a straightforward and timely procedure to get their |
0:33.8 | property back. I spoke with Cato's Tommy Berry. We've heard about this case a number of times, |
0:40.1 | and it really just is, |
0:44.6 | it's galling to hear just the initial facts of this particular raid |
0:51.8 | in the case that became FBI v. Martin. Can you detail just the initial |
0:57.9 | facts of the case? Yeah, it's absolutely shocking. So this involved a safe deposit, a private |
1:03.3 | company that essentially had safes, anyone could rent out and use for valuables. And the FBI, |
1:09.6 | without any particular explanation of what their justification was, |
1:14.0 | they raided the company, and they took possession of every safe that contained $5,000 or more |
1:19.0 | of valuables. So dozens of people had their property seized with really no explanation. |
1:25.3 | One of them being Linda Martin, the plaintiff in this case, |
1:28.5 | who had over $42,000 in a safe that she was saving up to buy a home with. And suddenly, |
1:34.4 | her life plans are put on hold because she loses access to this cash potentially forever. |
1:40.5 | So where are we now? So fortunately, she challenged the FBI's procedures after two years of a runaround and extremely confusing forms, including one that essentially tricked her into waiving her rights to any kind of judicial process. |
1:56.0 | She brought a class action lawsuit against the FBI, alleging due process violations. And as it's |
2:03.3 | often the case, the government attempted to moot the case so that it wouldn't lose and set a |
2:08.7 | precedent, good for people and bad for the government. They gave her money back as soon as it |
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