TOTAL INFORMATION ANALYSIS

Friday, September 05, 2003

TOTAL INFORMATION ANALYSIS has obtained another draft of the planned police state legislation known as The VICTORY Act. LibertyThink had the scoop with an earlier draft of the of the Orwellian-titled monstrosity and we're here to do it again. This is the draft the Washington Post reported on but refused to share with the hoi polloi.

A survey of contents and differences of this draft, dated July 30, as compared to the June 27 draft:

* TITLE I remains unchanged. This is the part that creates the new category of crime called "narco-terrorism," which contains such gems as such as enhanced sentences, up to life imprisonment, for all kinds of drug statute violations outside of simple possession for anyone "knowing or intending that such activity, directly or indirectly, aids or provides support, resources" to not only "foreign" terrorist organizations (i.e., the CIA's rivals in the hemispheric drug trade such as FARC) but any individual defined as a terrorist as per the PATRIOT Act.

*TITLE II: This grab-bag of asset forfeiture and other poilce state provisions has a number of differences.
SUBTITLE A; SECTION 201 - same. "Anti-Hawala" provision; very vague - convictions can be obtained based on whether a monetary transaction "is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity."
SEC. 202 - Same "traveling-with-cash" provision; basically provides for forfeiture and conviction if you're carrying too much cash. Virtually non-existent burden of proof on fedgov consists of "willful blindness" that defendant had towards source of money. Ties into "reverse money-laundering" as defined below.
SEC. 203 - unchanged. Allows DoJ to freeze all accounts of anyone charged with money-laundering.
SEC. 204 - new. Allows DoJ to freeze other property of anyone charged with money-laundering.
SEC. 205 - was 204. Administrative subpoenas (like a search warrant, but no judge involved) in money-laundering investigations.
SEC. 206 - was 205. Blank checks carried across borders considered to be worth full value of account.
SEC. 207 - was 206. Any account through which "tainted" money passes permanently subject to forfeiture.
SEC. 208 - was 207. Defines "reverse money-laundering" - i.e., carrying too much cash.
SEC. 209 - same. "Commingled funds" provision. Creates trap for honest people who take "dirty" money in otherwise legal transaction. No intent required.
SEC. 210 - same. "Course of conduct" provision for linking differnt money-laundering charges in same indictment.
SEC. 211 - same. Any foreign offense can be money-laundering predicate.
SEC. 212 - same. "Illegal money transmitting business." Extremely borad definiton, would encompass more than hawala.
SEC. 213 - was 214. Expands money-laundering predicates to such things as violations of Clean Air Act and other environmental laws (!!).
SUBTITLE B SEC. 221 - same. Expands forfeiture into "conspiracy" cases.
SEC. 222 - same. Gives fedgov two years to commence civil forfeiture proceedings instead of one.
SEC. 223, 225, 226. - same. Concerns restraint & forfeiture of "foreign crime" proceeds & extraterritorial jurisdiction.
SEC. 224 - same. Forfeiture of "third party" assets. Charges interest!
SEC. 227- same. Makes it harder to challenge forfeiture, requires foreign assets that "may be seized" to be transfered to US & fedfs before challenge can be made.
SEC. 228 - was 229. If you don't tell the IRS about $10,000+ transaction, the money can be seized.
SEC. 230 - was 231. More wiretap authority for feds re: "money-transmitting businesses."
SEC. 231 - was 232. Ignorance no excuse.
SEC. 232 - was 234. Sharing seized property with foreign governments.
SEC. 233 - was 237. Expands definition of "financial institutions" to include bail bondsmen.
SEC. 235 - was 241. More power for "magistrates' as opposed to full-fledged judges.
SEC. 237 - was 245. Expanded power for collection of asset forfeiture -- threat of additional incarceration, significant interest and financial penalties, and additional criminal charges.
SEC. 238 - was 248. Gives forfeiture powers to Homeland Secretary.
SEC. 251, 252 - same. Forfeiture of "facilitating property" and "intrumentalities" in narco-terrorism, terrorism, and fraud cases.
TITLE III - was TITLE V.
SEC. 301 "Narco-Terrorism" as predicate crime for wiretaps and bugs.
SEC. 302 Illegal wiretap evidence allowed when fegov claims it's "in good faith."
SEC. 303, 304 - Administrative subpoenas in "terrorism" and "fugitive" investigations. Provisions for making such subpoenas secret, removal of liability for firms that turn over consumer data in breach of privacy policy.
SEC. 305 - "Judge-shopping" for wiretaps, including magistrates.

And there you go. Removed from the earlier draft are Title II sections making it easier for prosecutors to seize tax records and attorney fees and other provisions regarding criminal and civil asset forfeiture, as well as the original Title III and Title IV regarding greater sentences for nonviolent drug offenses.

| Posted at 02:31 | PERMA-LINK |

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