the drug confiscatory laws allow the various police agencies to confiscate anything they deam possibly the proceeds of criminal venture. And they do. And keep the proceeds. (ie, it doesn’t go to say, the general fund of the governing body etc, it goes directly back to the drug enforcement agency - or at least it does locally).
so, there’s a built in incentive for the police involved to bust folks in ways to maximize confiscation potential.
how does this play out? an example (no cites, this happened to a guy I know personally vs. professionally) a relative of his was under surveliance for suspected drug dealing. This man (in his 50s, a father supporting his family) was seen giving a ride to a person from that relatives’ home. Based on that, when the bust went down, a couple of dozen people were arrested, including that man.
When they searched his home, they confiscated money. Money that had come from an insurance policy (his bro in law had just died and left the wife as beneficiary). This was easily demonstrated, in addition, his tax records from the past couple of decades demonstrated that everything in his home was accounted for through legal means of acquistion.
DIdn’t matter, the guy that had been given a ride was a courier. This man was charged w/money laundering. (potential 5 year federal sentence). They kept him reporting to a probation agent (yes, even though hadn’t been tried) for 3 years. three years. then dropped the case.
the money?
never returned. He’s tried to track it down but gosh darn, they (the officials) can’t seem to locate what happened to it.
So, this man never found guilty of any crime had money essentially stolen from him. The presumption was that any cash was from ill gotten gains. HOwever, w/in weeks of his arrest, they were able to prove exactly where the $$ came from.
he may end up loosing his house (where he’s lived for 30 years).
Yes, proceeds from ill gotten gains shouldn’t be retained by the criminal. HOwever, it should actually go to the state (as in ‘the state vs. joe criminal’) if there is no actual victim, not to a fund for the narcotic squad.