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?

  • 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.)

    • Since it’s a small amount of money, the legal process would be with small claims court. You don’t need a lawyer for that. Small claims is cheap and easy going. It’s typically under $100 to file (which you get back if you win) and in some states a registered letter is sufficient to serve the other party.

      You would not want to sue OFAC though. In this case you would ideally keep a paper trail of your payment attempt and carry on. Give your landlord the proof of payment (attempt) and wait for the landlord to act against you. That’s the easiest… you wait for the court date and show up with proof of your attempt to pay and a copy of your landlord’s payment procedure (which you followed). OFAC apparently did a money grab on the landlord, not you, so you would come away clean so long as you paid as per your landlord’s instructions.