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“The Forfeiture Racket”

January 27, 2010 by Alexandra Natapoff

Here’s another important story from Radley Balko at Reason Magazine entitled “The Forfeiture Racket.” It chronicles the disturbing history of our powerful drug forfeiture laws, and how governments have seized literally billions of dollars from innocent people. Here’s an excerpt:

Over the past three decades, it has become routine in the United States for state, local, and federal governments to seize the property of people who were never even charged with, much less convicted of, a crime. Nearly every year, according to Justice Department statistics, the federal government sets new records for asset forfeiture. And under many state laws, the situation is even worse: State officials can seize property without a warrant and need only show “probable cause” that the booty was connected to a drug crime in order to keep it, as opposed to the criminal standard of proof “beyond a reasonable doubt.” Instead of being innocent until proven guilty, owners of seized property all too often have a heavier burden of proof than the government officials who stole their stuff.

According to Balko, the U.S. Justice Department’s forfeiture fund reached $3.1 billion in 2008; less than 20 percent of seizures involved property belonging to people who were actually prosecuted.

Informants play an important role in forfeiture. Not only can the government rely on informants to meet its evidentiary burden of showing that the property is connected to criminal activity, but under federal law, informants can receive bounties of as much as 25 percent of the value of the seized assets. For an overview of U.S. informant-forfeiture practices, see Joachin Alemany, United States Contracts with Informants: An Illusory Promise?, 33 Univ. of Miami Inter-American Law Rev. 251 (2002).

Filed Under: Incentives & Payments, Informant Law

On the air in the Bay Area

January 19, 2010 by Alexandra Natapoff

On Thursday, January 21, I’ll be on the KPFA Morning Show at 8:00 a.m. (you can listen here) and Forum on KQED at 10:00 a.m. (here). On Friday, I’m speaking at the Berkeley Center for Criminal Justice at Boalt Hall.

Filed Under: Book events/media

New developments in federal witness intimidation legislation

January 14, 2010 by Alexandra Natapoff

The Philadelphia Inquirer’s witness intimidation series (previous post here) triggered a congressional hearing. You can read the testimonies here, including criticism of the series for exaggerating the extent of the problem. See testimony of Michael Coard. Senator Arlen Specter (D-PA) subsequently called for a law that would make witness intimidation a federal offense; witness intimidation is already a state crime. Story here. In a similar development, Rep. Elijah Cummings (D-MD) introduced the Witness Security and Protection Grant Program Act of 2009, to provide assistance to state and local witness protection programs. Press release here. More indications that the law of informant use will look very different a few years from now.

Filed Under: Legislation, Stop Snitching, Witness Intimidation

Patt Morrison Show and L.A. Times investigative reporter Ted Rohrlich

January 13, 2010 by Alexandra Natapoff

Last week I did the Patt Morrison Show on KPCC (you can listen here), with prize-winning former L.A.Times investigative reporter Ted Rohrlich. Over the years he’s done some great stories on informants. For example, in Trading Lies for Freedom, Rohrlich reported on several professional jailhouse snitches in the Los Angeles County jail system, including the now-infamous Leslie Vernon White of 60 Minutes fame. The piece describes the “variety of techniques” used by snitches to fabricate confessions:

To gather the information that will make a confession appear plausible, informants have used a variety of techniques, ranging from the artful to the crude. Some informants, for example, have carefully maintained files of newspaper and magazine articles on sensational criminal cases, or have stolen legal documents from the cells of other inmates. They have conned fellow prisoners, even those who have insisted on their innocence, into giving up key details of the cases against them. Some have pretended to be jailhouse lawyers offering free advice. Others merely have asked why someone is in jail, then transformed the most sincere protestations of innocence into admissions of guilt. Informants have purchased information from other informants for money, candy or cigarettes. Some informants have testified that they received inside information from police.

In Authorities Go Fishing for Jailhouse Confessions, Rohrlich described how some detectives purposefully placed suspects in the LA jail “snitch tank,” hoping that the resident informants would come up with incriminating confessions. The story begins as follows:

The homicide detective thought he knew the identity of a murderer but couldn’t prove it. To make his case, he wanted a confession. But his suspect wouldn’t talk. Los Angeles Police Detective Philip Sowers did what one prosecutor said a lot of detectives do. He turned to the informant tank at Los Angeles County Jail for help. Sowers arranged for jailers to place his suspect, who was not an informant, in the special section of the jail reserved for informants — inmates who habitually tell police that other inmates have confessed to murders or other serious crimes. Within days, Sowers had reports from four informants, known to detectives as “friendlies,” that his suspect had confessed.

Finally, Rohrlich wrote a more recent piece on the Rampart scandal, entitled Scandal Shows Why Innocent Plead Guilty. This is a particularly important article because it describes a common but nearly invisible problem in the criminal system: how the plea bargaining process pressures innocent people to plead guilty.

Joseph Jones had quite a choice. He could plead guilty to selling drugs he had not sold and serve eight years in prison. Or he could risk being convicted at trial and, as a three-time loser, be sentenced to life. Ex-felon Miguel Hernandez was offered a similarly absurd “break.” He could give up 16 months of his life by pleading guilty to possessing a weapon he had never had. Or he could demand a trial and face the possibility of four or more years in prison. In offering criminal defendants these kinds of Hobson’s choices, prosecutors and judges did not set out to induce innocent men to plead guilty–although that is what they did. The prosecutors and judges merely accepted the word of Los Angeles police that the men were guilty.

While this piece tells the story of innocent people who pled guilty because police gave false information, a similar dynamic is at work when innocent people are confronted with false information from a snitch.

Each of these articles is important in its own right, shedding light on specific criminal justice failures. They also remind us that journalism plays a crucial role in maintaining the accountability of a criminal process that rarely volunteers information about its own mistakes.

Filed Under: Dynamics of Snitching, Jailhouse Informants, News Stories

London police resist disclosing snitch payments

January 7, 2010 by Alexandra Natapoff

The London Daily News reports that Scotland Yard may be facing contempt of court for refusing to reveal how much it spends on snitches. Story here. The paper reports that the city spends approximately $4 million a year to pay informants. While U.S. governments do not reveal such figures either, a study by the National Law Journal concluded that in 1993, federal agencies paid their confidential informants $97 million.

Filed Under: Secrecy

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