Will Barbados seize assets without a criminal conviction?

asset seizure caribbean

submitted by Green Monkey

In local news reports the US Ambassador is pushing for our legislation to allow for the seizure of assets gained from criminal activity as is allowed under US law. However, under US law you don’t have to be actually convicted of criminal wrongdoing to be deprived of assets, as the cops only have to say that they suspect the seized assets came from unlawful activity.  The onus is then placed on the suspect to prove that the assets were gained lawfully or purchased with legally derived funds.

GreenMonkey is just wondering if Bajans might someday find themselves in similar predicaments. I hope that our legislation will specifically specify that  assets can only be seized AFTER conviction for criminal activity.

See article below from the New Yorker:

Under civil forfeiture, Americans who haven’t been charged with wrongdoing can be stripped of their cash, cars, and even homes. Is that all we’re losing?

by Sarah Stillman August 12, 2013 (full New Yorker article here)

On a bright Thursday afternoon in 2007, Jennifer Boatright, a waitress at a Houston bar-and-grill, drove with her two young sons and her boyfriend, Ron Henderson, on U.S. 59 toward Linden, Henderson’s home town, near the Texas-Louisiana border. They made the trip every April, at the first signs of spring, to walk the local wildflower trails and spend time with Henderson’s father. This year, they’d decided to buy a used car in Linden, which had plenty for sale, and so they bundled their cash savings in their car’s center console. Just after dusk, they passed a sign that read “Welcome to Tenaha: A little town with BIG Potential!”

They pulled into a mini-mart for snacks. When they returned to the highway ten minutes later, Boatright, a honey-blond “Texas redneck from Lubbock,” by her own reckoning, and Henderson, who is Latino, noticed something strange. The same police car that their eleven-year-old had admired in the mini-mart parking lot was trailing them. Near the city limits, a tall, bull-shouldered officer named Barry Washington pulled them over.

He asked if Henderson knew that he’d been driving in the left lane for more than half a mile without passing.

No, Henderson replied. He said he’d moved into the left lane so that the police car could make its way onto the highway.

Were there any drugs in the car? When Henderson and Boatright said no, the officer asked if he and his partner could search the car.

The officers found the couple’s cash and a marbled-glass pipe that Boatright said was a gift for her sister-in-law, and escorted them across town to the police station. In a corner there, two tables were heaped with jewelry, DVD players, cell phones, and the like. According to the police report, Boatright and Henderson fit the profile of drug couriers: they were driving from Houston, “a known point for distribution of illegal narcotics,” to Linden, “a known place to receive illegal narcotics.” The report describes their children as possible decoys, meant to distract police as the couple breezed down the road, smoking marijuana. (None was found in the car, although Washington claimed to have smelled it.)

The county’s district attorney, a fifty-seven-year-old woman with feathered Charlie’s Angels hair named Lynda K. Russell, arrived an hour later. Russell, who moonlighted locally as a country singer, told Henderson and Boatright that they had two options. They could face felony charges for “money laundering” and “child endangerment,” in which case they would go to jail and their children would be handed over to foster care. Or they could sign over their cash to the city of Tenaha, and get back on the road. “No criminal charges shall be filed,” a waiver she drafted read, “and our children shall not be turned over to CPS,” or Child Protective Services.

“Where are we?” Boatright remembers thinking. “Is this some kind of foreign country, where they’re selling people’s kids off?” Holding her sixteen-month-old on her hip, she broke down in tears.

Later, she learned that cash-for-freedom deals had become a point of pride for Tenaha, and that versions of the tactic were used across the country. “Be safe and keep up the good work,” the city marshal wrote to Washington, following a raft of complaints from out-of-town drivers who claimed that they had been stopped in Tenaha and stripped of cash, valuables, and, in at least one case, an infant child, without clear evidence of contraband.

6 Comments

Filed under Barbados, Crime & Law, Police

6 responses to “Will Barbados seize assets without a criminal conviction?

  1. Pingback: Will Barbados seize assets without a criminal conviction? | Barbados Blog !

  2. Tony Webster

    Check our very own “Proceeds od crime act – and it’s sister act (exact name escapes me ), placed on our statute books c.1990/91. These have the same elements: the burden to prove honest acquisition, rests largely if not totally, on the accused! No wonder we’ve had (subject to correction) just one. pehpas two cases (or publicised).

  3. just want to know

    The first assets they should seize is Leroy Parris, David Thompson, & CLICO

  4. 231

    The Proceeds of Crime Act does not function in the same way as Asset forfeiture. The proceeds of crime act goes into effect after a criminal has been convicted but asset forfeiture seizes assets of suspected criminal bosses who cannot show that their assets were lawfully obtained. Forefeiture must therefore happen BEFORE and not AFTER.

  5. 239

    Most definitely…before Harlequin destroys Barbados and other Caribbean Islands

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