to Snoop Your Financial Records

Breaking from NewsMax.com

A little-known provision in the Patriot Act is being used by the FBI in cases that aren't tied to terrorism, which the Act was designed to stop.

The provision allows the Feds to quickly obtain financial records of suspected terrorists or money launderers, reports Newsweek correspondent Michael Isikoff in the December 1 issue of Newsweek.

In effect, the Patriot Act allows the Feds to search every financial institution in the country for the records of anybody they have suspicions about -- the very definition, critics say, of a fishing expedition.

Law enforcement agencies can submit the name of any suspect to the Treasury Department, which then orders financial institutions across the country to search their records for any matches.

If they get a "hit" -- evidence that the person has an account -- the financial institution is slapped with a subpoena for the person's records.

Whisked through Congress in the weeks after 9/11, the Patriot Act, which gives federal law enforcement wide-ranging powers to track and eavesdrop on suspected terrorists, was promoted as an urgently needed law to thwart future attacks.

"It's an extraordinary power," says David Aufhauser, a former general counsel at the Treasury Department, who insists the Act is being used responsibly. But in one recent case, "Operation G-String," the Feds used the provision to see the financial records of local officials in Las Vegas that they believed were being bribed by the city's biggest strip-club baron.

It's the Patriot Act's money-laundering language that has allowed the Feds to stretch the way the law can be used. Essentially, money laundering is an effort to disguise illicit profits.

But it's such a broad statute that prosecutors can use it in the pursuit of more than 200 different federal crimes, Isikoff reports. Treasury Department figures reviewed by Newsweek show that this year the Feds have used the Patriot Act to conduct searches on 962 suspects, yielding "hits" on 6,397 financial records. Of those, two thirds (4,261) were in money-laundering cases with no terror connection.

Among the agencies making requests, Newsweek has learned, were the IRS (which investigates tax fraud), the Postal Service (postal fraud) and the Secret Service (counterfeiting). One request came from the Agriculture Department -- a case that apparently involved food stamp fraud.

Hog

And Ashcroft, wants to expand these powers???? If they are being misused, the legislative branch, needs to look into repealing the patriot act, and replacing it with something that is not so broadly written. Ashcroft, will have to be replaced before I can vote for Bush next year. But I will also not vote for any incument, who voted for such a sloppy piece of legislation.

Later

Dave (A.K.A. Homebrew)

So the Feds have a tool to combat fraud and that is a bad thing?

If the common citizen has nothing to hide how is this a bad thing?

^^^'Zackly^^^

Now they have a "legal" means to do it. They've been doing the same thing for eons.

The only reason, I see it as a bad thing, is the erosion of constitutional rights. Also, how much is it going to cost us, to fight, in our already overburdened court system, for a law that will be declared unconstitutional.

Later

Dave (A.K.A. Homebrew)

I don't think fraud is a constitutional right.

A search warrant can be issued (with proper authorization) in order search a location for illegal activities, materials, etc.

Why is the Patriot Act a breach of constitutional rights yet a search warrant isn't?

I'm not trying to be argumentative as I don't have a position one way or the other on the Patriot Act. Mainly because I don't know a lot about it. So hopefully you guys can shed some light on the subject for me.

Hey Plabonte,

The patriot act removes the need for a court ordered warrant, removing the oversight built into our laws by the constitution.

Later

Dave (A.K.A. Homebrew)

A Warrant needs to be signed by a judge and evidence needs to be presented, to that judge ,that there is "reasonable cause" for a search. I have not seen the wording for this provision of the Patriot Act (nor am I a lawyer) but at first glance, there is no reasonable cause provision here and no sign off by a judge so any evidence procured in this manner would probably fall into "illegle search and seizure."

Even if this isn't found illegle, do we really want to arm the government with the power to inspect everyones financial records on a whim? I personally think the government has enough powers to make their cases without "fishing" for evidence. No new laws and powers are needed.

By the way, I seem to recall that there were considerable warnings, at the time that the Patriot Act was passed, that it would be used for all sorts of investigations not related to national security.

I really can't fault the law enforcement agencies, they will use any thing available in order to make their case (just look at the number ways that the RICO statutes are used that were not anticipated at the time)- I fault Congress and the President for making this law.

Just my 2 cents.

"Do we really want to arm the government with the power to inspect everyones financial records on a whim?"

Again if you have nothing to hide what is the big deal?

plabonte, Most people have nothing to hide but we have certain Constitutional protections so the government doesn't get too powerful and abusive. Do you advocate that the government can enter anyones home without a warrant to search for evidence of a crime???? What if your neighbor told the police you were selling drugs. Would you want the police to just enter your house to search for evidence? This is the same thing, in my opinion.

yeah, but what'll I do if they snoop through my financial records and side with my wife that I'm spending too much on cigars???

Steve, That will only happen if the analyst doing the search is female - LOL.

Many of us here break the law daily, Do you buckle your seat belts, I do but some don't. Do you exceed the speed limit?? Do you Buy Cuban Cigars, and have them shipped to the USA???????? Yes through financial records, they can figure that out.

"Everybody has something to hide, except for me and my Monkey" John Lennon

Later

Dave (A.K.A. Homebrew)

Gosh, if the Patriot Act can be used to be sure I'm buckling up, I could be in deep kimshee ... who'da thunk I could be considered a terrorist threat by being in seat belt rebellion ??

So here is a tool that can help law enforcement make sure the law is being followed. And you are against it. I guess that means you are pro crime. You are for money laundering, drug traficing, prostitution, etc.

plabonte, by the same logic - here is a tool that (IMO) infringes on our freemdoms guaranteed by the Constitution, you are for it - so you are anti- freedom or anti American, right??? Of course not - by the way - keep stirring the pot.

I guess you can't have it both ways. You can't have 100% privacy and have a crime free living environment. So which is the lessor of two evils? Personally, I would rather have the crime free (or at least crime lessened) environment. Like I said I have nothing to hide. If the gov't wants to see that I ate out at my favorite restaurant x times a month, wants to see how much interest I made during a year, or that I purchased too many cigars I don't really care. When I'm out of the country and come back through customs I may get searched. They go through my private belongings. Isn't this a breach of my constitutional rights? Sure but again if you don't have anything to hide what is the big deal?

Now, if you are laundering money or guilty of tax evasion I can see why you wouldn't want the gov't to get a hold of your financial records.

How is that for pot stiring? ;o)

Convert all your money into cigars and burn the evidence.

Barry

LMAO at Barry

Good on Barry...

Plabonte, you probably don't sell drugs or have other illegle things at home but do you want the police to be able to enter your house any time they want??????????