this post was submitted on 15 Sep 2024
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cross-posted from: https://slrpnk.net/post/13145612

(edit) Would someone please ship some counterfeit money through there and get it confiscated, so the police can then be investigated for spending counterfeit money?

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[–] some_guy@lemmy.sdf.org 90 points 2 months ago (11 children)

Indiana law requires any assets seized in a civil forfeiture case to go directly to the school fund — likely to mitigate the moral hazard and incentive to steal citizens’ assets — but little money is actually going to that fund. Instead, police departments are keeping it for themselves, and a 2019 Indiana Supreme Court case upheld that, allowing police, prosecutors or private lawyers contracted to carry out the cases to keep a minimum of 90%.

Naked corruption.

Something similar happened to me. Office of Foreign Assets Control (OFAC) seized money from a bank transfer paying rent to my landlord (years ago). It took five days of calls to the bank to find out why the transfer didn't go through. I got a case number and filled out paperwork disputing it (with OFAC) and the letter I received in response said they had no record of the case.

The best I could hypothesize what happened was that because my landlord had a Middle Eastern-sounding name, maybe this was suspected to relate to terrorism. I gave up. I knew it wasn't worth my time to pursue because to get justice, I'd have to invest more time and energy than the cash was worth. I nearly got evicted because of this shit and I still judged the bureaucracy too great to address (I think I made the right choice; no sense fighting the government unless my freedom is on the line or it's some huge sum of money).

I got money orders at the post office and deposited them directly into my landlord's bank account after that. Huge pain in the ass to make sure my money went where I wanted. I live in a building owned by a corporation, now. I don't think I'd rent from a private citizen again because of that bullshit. (It's not like I'll ever own a home, given that I like living in the Bay Area.)

[–] brbposting@sh.itjust.works 11 points 2 months ago (3 children)

That’s wild!

You ever check OFAC’s Specially Designated Nationals list for your landlord?

Two plot twists that come to mind: landlord was actually ISIS with a great cover story, bank manager stole the money and made up a case number.

[–] BeardedGingerWonder 5 points 2 months ago (1 children)

Tbh strictly speaking the bank probably shouldn't have told him anything about the OFAC intervention, they're not supposed to tip off in these circumstances - so it could well have been a made.up number.

[–] activistPnk@slrpnk.net 1 points 2 months ago* (last edited 2 months ago) (1 children)

It’s really annoying that @some_guy@lemmy.sdf.org just took this on the chin. For me even a dispute over $100 would be worth the courtroom battle just to satisfy my curiousity of what happened. A landlord cannot evict without a court procedure, so the tenant would not have to spend a dime on court costs and bring the paper trail to the court. From there, since the banks (all 3 involved) did a shitty job of investigating, they could have been named as 2nd party defendants (sue them all, let the judge sort it out). The investigation should have revealed the bank where the money landed and the actual bank account from there. They could then use the court to subpoena the agency that has “no record of the case”, but who the bank says has the money. If there is no case, then they can return the money (a judge would say).

OFAC obviously benefitted from someone’s court phobia even though the tenant had nothing to worry about.

[–] some_guy@lemmy.sdf.org 3 points 2 months ago

Yeah, well my mental health was a greater priority as I was in a shitty place for a number of years. I'm not here to be a crusader when I'm barely staying alive. (That time of my life has happily been in the rearview mirror for a while now.)

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