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milo hobgoblin
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LibertyThink.com (owned by SiaNews.com) 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 assett 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.
Other sections can be found here:
http://www.sianews.com/modules.php?...rticle&sid=1234
For more info and other links check these sites out:
http://www.talkleft.com/archives/003924.html
http://abcnews.go.com/sections/us/W..._act030820.html
http://www.nydailynews.com/08-06-20...72p-96686c.html
http://www.cnsnews.com/ViewNation.a...T20030818c.html
Actual Bill itself:
http://www.libertythink.com/VICTORYAct.pdf
* 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 assett 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.
Other sections can be found here:
http://www.sianews.com/modules.php?...rticle&sid=1234
For more info and other links check these sites out:
http://www.talkleft.com/archives/003924.html
http://abcnews.go.com/sections/us/W..._act030820.html
http://www.nydailynews.com/08-06-20...72p-96686c.html
http://www.cnsnews.com/ViewNation.a...T20030818c.html
Actual Bill itself:
http://www.libertythink.com/VICTORYAct.pdf
