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Date: Sat, 26 Jan 2002 12:38:31 -0600
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From: "Leon F." <leonf@perspicuity.net>
Subject: FEAR: Fwd: Tyson Foods chooses to not play the forfeiture game
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Organization: Forfeiture Endangers American Rights  http://www.fear.org/

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The Wall Street Journal - January 24, 2002 - published an editorial on the 
predicament of Tyson Foods, entitled "The Forfeiture Precedent". The gist 
of the article, at least with regard to forfeiture, is that Tyson Foods has 
"rejected a government demand for a $100 million forfeiture to settle the 
case." All I can say is, "Wow, why didn't I think of that?" Or, even 
better, why didn't all the victims of forfeiture that have  been contacting 
us for the last several years, think of that? Like Mrs. Reagan said, when 
they come to take your property, "Just say NO".

Here are some quotes from the article:

 >>>>>>>>>>>>>>>>>>>>>>>>>>>


Wall Street Journal - January 24, 2002

Review & Outlook: The Forfeiture Precedent

Today in Tennessee, Tyson Foods and six executives of the poultry 
powerhouse will be arraigned in federal court on charges of conspiring to 
violate immigration laws by smuggling in Mexican workers. A Tyson official 
says all involved will plead not guilty.

This indictment is troublesome on several fronts. We'll come to the 
immigration laws in a moment, but first a word about forfeiture. Yes, 
forfeiture, which is the government's seizure of property or other assets 
as compensation for allegedly illegal profits. It's a word heard more often 
in connection with the prosecution of drug smugglers, not major 
corporations accused of hiring illegal immigrants. Yet Tyson says it was 
indicted only after it rejected a government demand for a $100 million 
forfeiture to settle the case.

This looks like a trend, and maybe a dangerous one, with at least two other 
recent instances of forfeiture being applied in immigration cases. This 
expansion of the forfeiture statutes seems to be part of Attorney General 
John Ashcroft's promised crackdown from "the border to the boardroom." We 
hope it isn't also a new loophole for prosecutorial abuse, much as the 
Mafia-inspired RICO statutes were distorted for use against Wall Street. 
Tyson's claim that it was indicted only after it refused forfeiture is 
especially worrisome. For the record, Justice denies it.

. . .

We recall that it was President Bush who once said that "family values 
don't stop at the Rio Grande." And prior to September 11, a centerpiece of 
the Bush agenda was U.S.-Mexico talks on immigration reform. The point of 
these "guest worker" talks was to free businesses from federal harassment 
merely for giving people jobs, while granting a more dignified legal status 
for Mexican and other illegals who are only here to get ahead in life. It's 
time to revive that agenda.

The Tyson forfeiture precedent goes in entirely the opposite direction. The 
$100 million demand looks like a hammer applied to the easiest target, 
namely a U.S. business. The real criminals are smugglers who exploit the 
vulnerability of immigrants and often endanger their lives. But pursuing 
them is a lot harder, and a lot lower profile, than hitting "the 
boardrooms." The $100 million figure is especially eye-popping when you 
consider that (according to Tyson lawyers) the largest fine ever levied in 
the history of immigration enforcement is only $1.9 million.

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<


For those of you that may have a subscription to the WSJ website, the URL 
for this Article is: 
http://interactive.wsj.com/archive/retrieve.cgi?id=SB1011830579394335480.djm


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