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Government Confiscation of Funds- how to proceed?

 
rken
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User ID: 1224462
Thailand
01/10/2011 09:22 AM
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Government Confiscation of Funds- how to proceed?
I would like to run this by you guys.

I have a house and property in Hawaii. I was allowing during my absence free of charge for someone to occupy the house. Upon my return I stayed in one of the bedrooms. I had been there 2 weeks when Vice showed up with a warrant to search the house and arrest the person (by name) who was occupying the house. During the course of the search they found money in my room appox $4000. I was taken to jail and released. The Attorney general of Hawaii, who has sole disgression to return or not return my money, decided to keep it.

The reason I am asking is because I'm once again getting ready to visit Hawaii for one month and would like suggestion on the best way to proceed.

If anyone knows of cases regarding this please post links to newspaper article etc. Thanks Rken
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Anonymous Coward
User ID: 692708
United States
01/10/2011 09:37 AM
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Re: Government Confiscation of Funds- how to proceed?
Not enough info. Were you charged with anything? Do you have any court dates?

If not, I might just call the prosecutor and ask to have the money back, since they have no evidence it was gained from criminal actions on your part.

Second, you have got to know by now, if unredeemed, it is their money, as he is an agent of the State. If you had proof it was redeemed lawful money, you might have easy proof they cannot hold it without an order from a JURY. Remember that over $25 dollars thing in their Constitution and right to a jury?

If, after you call them and they do not return the cash, you might have an attorney write a letter for you, one who can practice in a Federal court and threaten to file a Federal Case (do not do it on a State level).

Not legal advise, of course.

Without prejudice.
rken  (OP)

User ID: 1224462
Thailand
01/10/2011 09:42 AM
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Re: Government Confiscation of Funds- how to proceed?
Not enough info. Were you charged with anything? Do you have any court dates?

If not, I might just call the prosecutor and ask to have the money back, since they have no evidence it was gained from criminal actions on your part.

Second, you have got to know by now, if unredeemed, it is their money, as he is an agent of the State. If you had proof it was redeemed lawful money, you might have easy proof they cannot hold it without an order from a JURY. Remember that over $25 dollars thing in their Constitution and right to a jury?

If, after you call them and they do not return the cash, you might have an attorney write a letter for you, one who can practice in a Federal court and threaten to file a Federal Case (do not do it on a State level).

Not legal advise, of course.

Without prejudice.
 Quoting: Anonymous Coward 692708

No I was never charged. They held me for about 6 hrs and released me. The occupant ended up gong to court and took a plea deal. I was not redeeming lawful money at the time. rken
AFFIDAVIT OF TRUTH
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rken  (OP)

User ID: 1224462
Thailand
01/10/2011 09:51 AM
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Re: Government Confiscation of Funds- how to proceed?
Not enough info. Were you charged with anything? Do you have any court dates?

If not, I might just call the prosecutor and ask to have the money back, since they have no evidence it was gained from criminal actions on your part.

Second, you have got to know by now, if unredeemed, it is their money, as he is an agent of the State. If you had proof it was redeemed lawful money, you might have easy proof they cannot hold it without an order from a JURY. Remember that over $25 dollars thing in their Constitution and right to a jury?

If, after you call them and they do not return the cash, you might have an attorney write a letter for you, one who can practice in a Federal court and threaten to file a Federal Case (do not do it on a State level).

Not legal advise, of course.

Without prejudice.

No I was never charged. They held me for about 6 hrs and released me. The occupant ended up gong to court and took a plea deal. I was not redeeming lawful money at the time. rken
 Quoting: rken

Remedy might go something like this

Im writning about this mater
Mistake was made. (Mine in not understanding about lawful money)
were is the proper notice
I want to deal with honorable

Then perhaps proceeding with the demand using the constitution ($25 issue)

Last Edited by rken on 01/10/2011 09:52 AM
AFFIDAVIT OF TRUTH
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rken  (OP)

User ID: 1224462
Thailand
01/10/2011 10:21 AM
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Re: Government Confiscation of Funds- how to proceed?
Not enough info. Were you charged with anything? Do you have any court dates?

If not, I might just call the prosecutor and ask to have the money back, since they have no evidence it was gained from criminal actions on your part.

Second, you have got to know by now, if unredeemed, it is their money, as he is an agent of the State. If you had proof it was redeemed lawful money, you might have easy proof they cannot hold it without an order from a JURY. Remember that over $25 dollars thing in their Constitution and right to a jury?

If, after you call them and they do not return the cash, you might have an attorney write a letter for you, one who can practice in a Federal court and threaten to file a Federal Case (do not do it on a State level).

Not legal advise, of course.

Without prejudice.
 Quoting: Anonymous Coward 692708

The way the statute reads. you have to prove that you were not involved in any criminal activities. To even take them to court you have to post a $2500 bond, after they have taken the money. They even took Thai baht. That was about $400 of the total money involved. They do provide a way to throw your self on the mercy of the State Attorney General. By asking for the money back, which I did and sent bank statements as to the source of the money, as well as a copy of the morgage I hold showing the source of income. rken

Last Edited by rken on 01/10/2011 10:23 AM
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Anonymous Coward
User ID: 692708
United States
01/10/2011 10:43 AM
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Re: Government Confiscation of Funds- how to proceed?
Like I said, try calling the prosecutor (or his boss) and talk to them first.

Tell them exactly what happened and the case on the other guy is done.

Get an affidavit from the other guy before you call saying you were not involved in his crime and he has no claim on the money.

Get that before you call the prosecutor. When they see you are WILLING to fight them and they have no case to keep the money, they might give it back.

If that does not work, file in District court, with an attorney, demand triple damages and legal fees and the original 4,000.

Demand the damages be PUTATIVE (non-taxable). Once the prosecutor gets served the District paperwork, they will begin settlement talks with your attorney. Make sure you are clear with your attorney what you will settle for! Write it down as part of his retainer.

I might try that.
rken  (OP)

User ID: 1224462
Thailand
01/10/2011 11:07 AM
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Re: Government Confiscation of Funds- how to proceed?
Like I said, try calling the prosecutor (or his boss) and talk to them first.

Tell them exactly what happened and the case on the other guy is done.

Get an affidavit from the other guy before you call saying you were not involved in his crime and he has no claim on the money.

Get that before you call the prosecutor. When they see you are WILLING to fight them and they have no case to keep the money, they might give it back.

If that does not work, file in District court, with an attorney, demand triple damages and legal fees and the original 4,000.

Demand the damages be PUTATIVE (non-taxable). Once the prosecutor gets served the District paperwork, they will begin settlement talks with your attorney. Make sure you are clear with your attorney what you will settle for! Write it down as part of his retainer.

I might try that.
 Quoting: Anonymous Coward 692708

Thanks you for your time. Appreciated. rken. i will do that uupon my return.
AFFIDAVIT OF TRUTH
for taking back your Sovereignty
[link to www.buildfreedom.com]
David Merrill
User ID: 1227922
United States
01/23/2011 08:08 PM
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Re: Government Confiscation of Funds- how to proceed?
Get your verified statement of right and interest in the US court within 30 days of the seizure (forfeiture). Rule E.


[link to www.law.cornell.edu]

[link to docs.google.com (secure)]
rken  (OP)

User ID: 1239965
Thailand
01/23/2011 10:46 PM
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Re: Government Confiscation of Funds- how to proceed?
Get your verified statement of right and interest in the US court within 30 days of the seizure (forfeiture). Rule E.


[link to www.law.cornell.edu]

[link to docs.google.com (secure)]
 Quoting: David Merrill 1227922

Thank you David! Most helpful. I will get on it upon my return Hawaii at the end of the month. rken
AFFIDAVIT OF TRUTH
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