Click here to view Servings & Updates. Last updated April 20, 2009 with Supreme Court Petition for the extraordinary writs of mandamus and prohibition.

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CIVIL ASSET FORFEITURE:

For the past 30 years 'the government,' as they like to refer to themselves today (as opposed to the United States government), say that your private property can perpetrate criminal acts all on its own. As such your property can be arrested (seized), prosecuted without trial and found guilty (forfeited) as charged. And no, you have no say as it's only the inanimate car, boat, plane, gold, jewelry, house, cash, land, etc. that was charged with a crime; not you its owner!

No matter what you may have heard as to law-enforcement only seizing criminals' monies or the hypothetical good it does, don't you believe it. Money equates to freedom. Meaning you and I had to give up some of our freedom (i.e. work) to get it. But with these civil asset forfeiture laws today 'the government,' at the point of a gun (force of law), steals from us the very freedoms they're supposed to be protecting. Leaving those of us who have suffered under such crimes relegated to a small but ever-growing membership of truly disenfranchised Americans!

Update (02/17/2015):

My introduction to civil asset forfeiture took place back in '97 when US attorneys (DOJ) and Customs & Border Protection (CBP) agents accused me of collusion and fraud, then promptly seized my airplane. That would be the very same airplane they had just sold me at a Treasury Asset Forfeiture auction. Needless to say, I and my soon to be hired counsel were totally in the dark. We hadn't a clue as to how these allegations came to be or why my property was taken. It did however become abundantly clear that these very same agents and US attorneys were not acting in good-faith, let alone within the law. And no, I was never charged with a crime.

And this is where all Americans should take note. In spite of the DOJ's collusion with CBP and their contractors to thwart my investigation my persistence, supported by evidence, revealed that there was indeed collusion and fraud taking place; just not by me. But rather on the part of Customs & Border Protection agents and their contractors, who as it turned out were actually stealing from the Treasury Forfeiture Fund itself. And if that's not bad enough, these allegations against me and seizure of my private property were only concocted to cover up their own ongoing criminal racket. I could write a book on civil asset forfeiture and the crimes and criminals it has created but then, I already have. ('Enemies in War,')

The long and short of it is this. Once money (i.e. profiteering) enters the realm of law-enforcement it corrupts everyone and everything it touches. Think about it. How can these people who have been elected or hired to serve in law-enforcement be anymore honest or trustworthy than the very society that spawned them? Put simply, they can't. But yet we have, with endless government prodding and scare-tactics, granted them the power to transform law-enforcement into profiteering-by-law. Add to this the secrecy that law-enforcement enjoys and what we've created is the quintessential organized crime syndicate. One that can pull off felonies in broad daylight because since no one outside of law-enforcement can tell the difference between a lawful application of law versus a criminal abuse of law, it's whatever they say it is. Except for the victims of course, but who's going to believe them?

This is where the surreptitious nature of these civil asset forfeiture statutes is so revealing. The Constitution of the United States, upon which this nation's law used to be based, imposes clear limitations on what the United States government can and cannot do. Of which the arrest of persons or seizure of property can only be effected with good-faith probable cause. But even if to do so any persons subject to either arrest or seizure of property are supposed to be afforded Due Process, a venue by which to vet law-enforcement's allegations; customarily a trial in a court of law. The wordings of these seizure statutes though artfully accuse the property of a crime, not its owner. Then capitalizes on this literary wedge between owner and property to claim that whereas persons are eligible for constitutional protections (i.e. Due Process), the now autonomous property is not.

Never mind that in the United States of America the bare minimum elements necessary to prove a crime are criminal intent and some act that consummates said intent. Of which said inanimate objects are wholly incapable of. Or that such illogic not only violates the 4th Amendment but confounds one's sensibilities. Confused? That's the point. It's not supposed to make sense. It's nothing more than a well obfuscated scheme that capitalizes on literary slight-of-hand and legal-artifice to circumvent constitutional law. Done so to legitimize the arbitrary taking of private property without the hindrance of having to go to court and prove to a jury that a person has in fact, perpetrated a crime. When America was still a British colony this highly inequitable practice was termed 'General Warrants;' which was not only the impetus for the 4th Amendment in the first place but one of the most potent catalysts of the Revolutionary War!

This makes it all the more transparent that those who drafted these laws did so, deliberately and with criminal intent, to evade the very constitutional law they swore to support and defend; constituting an act of treason. As any officials who only swore an oath in order to secure the public's trust just to turn about and by use of unconstitutional law, attack the public, are nothing short of a traitors. To sum it up, civil asset forfeiture is an anathema to American jurisprudence and nothing short of armed robbery.

If you still have any doubts as to the corruptive nature of civil asset forfeiture do the research and review the patterns of embellishments, lies, threats, extortive ploys, conspiracies and out-and-out criminality that law-enforcement in America today embraces to secure these outrageous takings of liberty. Patterns of incredulous deception that they claim translate into justice no less. Hell, law-enforcement even goes as far as encouraging further criminal activity so that they can reap the profits of said crime after the fact. Just like planting a tree and waiting for the fruit to ripen before harvest!

Sound ridiculous? It is. It's absolutely bat-shit crazy, but unfortunately today most Americans are either so blissfully ignorant of law or too damned apathetic to care that they remain willfully oblivious to the armed robbery these treasonous criminals are getting away with almost every damn day.

Suffice it to say, if you haven't been subject to civil asset forfeiture as yet then you haven't a clue. For those of us who have, we can state unequivocally that any officials (State or federal) that utilize civil asset forfeiture as a 'tool' against criminals are nothing more than criminals themselves. As even if these officials actually believed that a crime had taken place their myopic focus on the monies and properties to be taken as opposed to the 'supposed criminals' involved belies their true profiteering intent. This goes for the sham police or agents who carry out such seizures, the duplicitous States' or federal attorneys who prosecute them, the fraudulent judges who repeatedly uphold civil asset forfeiture's constitutionality and the self-serving elected officials who unleashed such treasonous attacks on us and our nation in the first place.

I've said of late that asset forfeiture is not the disease but merely the symptom, because if you take the time to try and comport what the laws of the United States dictate with what 'the government' today does then you'll see that we're really not living in the United States any longer. And quite frankly, how could we be? It seems the only people who take the time to read the law these days are the duplicitous frauds who seek to undermine it. Leaving the bulk of Americans believing that whatever 'the government' says or does is lawful. Even when it's legitimizing stealing, fraud and a host of other heretofore illegal activities; at least where they're concerned.

Wait, it gets worse. Stop and think about it. When citizens are subject to armed robbery and extortion schemes the citizens don't usually pay the wages of the thugs that accost them. Get it? These criminals are paid with your tax dollars. And as if it couldn't get any more ridiculous then that you, like me before I realized the truth, literally bankroll (taxes) their cover-ups to protect themselves, the perpetrators of said crimes, from you their innocent victims.

All the while we, both those who have been targeted and those that have yet to be, suffer the greatest loss of all; the law itself and the justice it was supposed to provide. Because as I've pointed out in 'Enemies in War,' it's impossible for law-enforcement to be upholding the law and protecting us while they're preoccupied violating the law and protecting themselves!

And there exist no greater proof that we are no longer living in a just and equitable nation today than the fact that if this were still the United States of America, those that have instituted and those that are profiteering from civil asset forfeiture would be hanging by their necks until dead. The most apropos ending for traitorous frauds in a just nation!

Brian Kilcullen
"I will not go silently into tyranny."

Update (10/22/2009):

Regrettably, the federal government has chosen to perpetuate the wall of silence and dereliction it has used to cover up this criminal matter. The indictment (Enemies in War), served upon the entire leadership and highest law-enforcement offices of this nation over a year ago, has not elicited so much as an inquiry. Though federal agents have surreptitiously monitored me, they steadfastly refuse to address this indictment in a forthright and lawful manner; as to do so would no doubt impugn them upon their respective oaths of office. That would be the oath (5 USC 3331) they refuse to live up to whereby all federal employees swear to support and defend the Constitution of the United States against ALL enemies, foreign and domestic. Obviously, this constitutionally mandated oath means as much to them as their word or the Constitution itself.

The "Enemies in War," T-Shirt(s) are being made available in part, to raise awareness of the documented criminal nature of this government and our duty as citizens to fight it. At the same time, to offset the inequitable debt (costs) I have incurred in the investigation and prosecution herein. Since these criminals have not only gotten away with fraud and treason, but for the most part, still maintain law-enforcement positions, I have disavowed federal authority in its entirety. To consent to the governance of such criminals, both those traitors named herein and those who protect them to this very day, is to acquiesce to tyranny. And this I will never do!

So help me God,

Brian Kilcullen
"I will not go silently into tyranny."