How The Government Steals Property
It's Kelo with the smell of weed.
William Griggs writes at Lew Rockwell of the government-perpetrated crime against the owner of Missouri's Camp Zoe:
Entrepreneur and musician James Tebeau, whose Camp Zoe concert venue was one of Shannon County, Missouri's largest employers, has accepted a plea agreement in which he will forfeit his 350 acre property and serve a prison sentence for "maintaining a drug-involved premises."Tebeau played bass in an ensemble called the Schwag Band and hosted a number of concert events including the annual "Schwagstock" festival. The agreement stipulates that Tebeau neither participated in drug sales, nor did he profit from them. Yet he faces a prison term of two and a half years and the loss of his property.
According to the Feds, Tebeau's crime was to permit the sale of marijuana, LDS LSD and mushrooms, while instructing employees to evict people who sold heroin, cocaine, crack, meth, and nitrous oxide. However, the same can be said of the Missouri State Highway Patrol, which abetted the sale of many controlled substances for four years following an August 2006 arrest of two people at the camp for selling hallucinogenic mushrooms. Over that four-year period, informants employed by the State Police conducted hundreds of undercover purchases, including many of the hard drugs Tebeau was seeking to ban from his premises.
The "Justice" Department's press release (which was reproduced nearly verbatim by the few media outlets that covered the story) made a point of noting that Tebeau "was aware that the term `schwag' was a slang term for low-grade marijuana and he purposely adopted that name for his music festivals and band." If this is evidence of evil intent, the Feds should begin criminal proceedings against the Doobie Brothers and the management of any venue where that classic rock band performs.
At about 7:30 a.m. on November 1, 2010 - a few hours after the finale of the annual "Spookstock" music festival -- a multi-jurisdictional task force invaded Camp Zoe. According to one eyewitness, "Every letter of the alphabet was represented.... There were people from the DEA, the IRS, the Highway Patrol, from Homeland Security, the local police and country Sheriff's Office. There was a group from the Rolla Police Department, which is two counties away from here."
One camp staffer was briefly stopped by police on nearby Highway 19 as he was driving his children to school. He was separated from his wife and children at the point of an M-16 rifle. The detainee was taken into the camp and briefly questioned before being released.
Camp Zoe was placed under lock-down while the raiders rummaged through every corner of the campground, intimidating staff and visitors and seizing personal items (including cash). As this was going on another federal contingent was dispatched to clean out the personal and business accounts of Jimmy Tebeau, the musician and entrepreneur who owns and operates the campground.
The Feds "just siphoned away all of his money, and then filed a civil asset forfeiture lawsuit seeking to seize his property," protests attorney Dan Viets, who has volunteered to represent Tebeau. "This would mean that he wouldn't have the money needed to fight the seizure in court." The Feds clearly sought to confiscate Camp Zoe from the beginning, and they took exceptional care to guarantee that Tebeau couldn't mount an effective defense of his property.
Details on Stealing Camp Zoe here, at Pro Libertate:
Witnesses estimate that as many as 200 law enforcement officers took part in the assault on Camp Zoe. Given the size of that mobilization, some would expect that the police were dealing with a heavily armed gang that posed an imminent threat to public safety. Yet no criminal activity was found during the raid, and not a single person was led away in handcuffs.This should come as a surprise only to those who persist in believing that "law enforcement" is connected in some way to the protection of life, liberty, and property. Those who invaded Camp Zoe didn't find criminal activity because they weren't looking for any. They weren't there to arrest criminals; they were preparing to steal the property in the name of "civil asset forfeiture."
"From what I saw, it looked like the people from the IRS were in charge initially," Mike Johnston relates. "The original search warrant was for business records, and I saw the IRS personnel hauling off boxes full of papers, computer drives, and other materials of that kind. Apparently they didn't find what they were looking for right away, so the DEA guys were next in line."
...Missouri state law dictates that forfeiture proceeds be given to the School Building Revolving Fund, which is administered by the state's Department of Revenue and subject to official audits. However, this isn't the case when the assets are seized as part of a joint (or "hybrid") operation with the Feds.
The Justice Department's manual on asset forfeiture describes this as "equitable sharing" of revenue proceeds, and explains that it is intended "to increase or supplement the resources of the receiving state or local law enforcement agency" and can be used by the recipient "for any permissible purpose as long as shared funds increase the entire law enforcement budget." This helps explain why practically every federal agency represented by an acronym -- as well as every local police agency -- joined the Gadarene rush to invade and occupy Camp Zoe.
If, on the other hand, the raid had been a purely local affair, it could have been "adopted" by the Feds after the fact. In congressional testimony, former deputy assistant attorney general Joe Whitley described how such an "adoption" takes place: "We receive a case which is in every aspect a local case, been worked on pretty much by the local agencies all the way from beginning to end, and we put our cover on it."
Under either approach,police agencies are typically permitted to keep at least eighty percent of the haul. The objective "is to reward the help we get from our brother and sister law enforcement" agencies, explained former Justice Department official Jerry McDowell in 2000.
Since these "rewards" are doled out in explicit and willful defiance of state forfeiture laws, what McDowell is describing is a criminal syndicate, one far larger than any of the private criminal gangs whose depredations supposedly justify the forfeiture racket. Steve Kessler, a former prosecutor and recognized expert on forfeiture laws, has described the practice of asset forfeiture as "unquestionably the largest, most lucrative business in the United States."







It just boggles the mind how this can be legal.
We need a reform of the drug laws.
Jim P. at June 16, 2012 6:02 AM
What boggles my mind is the guy isnt bothering to fight, he's losing everthing anyways.
If this ever happend to me, I wind up dead within a week after my jail term as I went on a cop killing spree.
lujlp at June 16, 2012 6:44 AM
> a week after my jail term [ I'd go ] on a cop killing spree.
Awesome.
This needs to happen more often.
Thugs understand one thing: force.
When Americans start pushing back, our thugs in blue will start behaving themselves.
TJIC at June 16, 2012 7:11 AM
Haven't read the whole thing yet, but got to:
"According to the Feds, Tebeau's crime was to permit the sale of marijuana, LDS LSD . . . "
Mormon acid? Makes you see god and his seven wives?
Steve Daniels at June 16, 2012 7:25 AM
This is how you home grow a terrorist - by government thugery. I don't think our government will be happy until they have their own home grown terrorists to worry about. Then they can justify all the crap they've been pulling on the American People.
Assholio at June 16, 2012 8:33 AM
I have never used any drug 'cept caffeine and i am constant worried about the stupidity of the drug laws. Cops can declare any amount of cash to be "drug money" based on ... on nothing. Long hair means they can seize my rent because drugs are bad. Well, yeah, actually, but so is stupidity.
Storm Saxon's Gall Bladder at June 16, 2012 9:37 AM
This is what I wrote what I did in the other thread about the Fourth Amendment. If property rights are not respected, then eventually there won't be any respect for personal rights either.
Cousin Dave at June 16, 2012 9:43 AM
Like it or not, the Kelo v. City of New London was appropriately decided according to the Constitution. The eminent domain laws were exactly what the founding fathers had in mind. There are no laws that say the government cannot take your land, only that they must compensate you for doing so, which is precisely what happened in Kelo.
Also, the SCOTUS dropped a helpful hint by pointing out that in absence of state laws, this is what could happen. (In other words, "STATES! MAKE LAWS THAT COVER THIS!")
Patrick at June 16, 2012 3:20 PM
Patrick emminent domain was limited to public neccesity, ie military bases, roads, schools, public utilitys. Not so communites could steal land to give to developers to generate high property taxes
lujlp at June 16, 2012 4:54 PM
That is incorrect, lujlp. And if you would read the Constitution instead of pretending you know what it says, you'd know that. The Takings clause of the Fifth Amendment to the Constitution says "Private property shall not be taken for a public use, without just compensation." Not "public necessity." There is a difference.
Stevens, who wrote the majority opinion, pointed out that "public use" does include increased revenue in taxes, jobs, etc. It is the SCOTUS's job to interpret the Constitution, and that's how they ruled.
And in an appropriate response, several states have enacted laws to deny such takings.
And I suppose you have a source for your claims that eminent domain was intended only for military bases, roads, schools, etc. No? Color me shocked.
Patrick at June 16, 2012 5:23 PM
Asset seizures were a highly lucrative element during the Spanish Inquisition. What finally ended the Inquisition was that it paralyzed commerce. People were afraid to do business with each other for fear of being tied to someone else's heresy accusations.
jefe at June 16, 2012 11:34 PM
Nice job, Patrick - again siding with those who take from you. Your rights, your property.
I think your house needs to be condemned. All I have to do is promise to pay more property taxes to your community.
And all you have to do to agree completely is see a court ruling. I'm sure your opinion on gay marriage is completely congruent with court rulings. Not.
You're a sick man, and your views enable the abuse of American citizens by judicial fiat.
Perfectly OK.
Radwaste at June 17, 2012 5:39 AM
Explain how giving my property to a private company for free so they can run theri business is 'public' use
lujlp at June 17, 2012 10:13 AM
There isn't much for prettier land than Camp Zoe. It greatly saddens me to hear that he's loosing his land due to the drugs, but it doesn't surprise me either.
"Schwagstock" was a gigantic drug flea market. Any and every illegal drug was present, and available for sale from one camper or another. He did a good a job of keeping medical staff available during the festivals. I never heard about anyone getting hurt from the drugs...hiking and rock climbing, but not hurt directly from drug use. His website about the festival claimed to prohibit all drugs. But don't let the legal defense fool a person into believing that this music festival was a family place. He made money because of the campers selling and buying drugs, not because of the music.
One thing that the articles do not mention is the half a dozen hippies that permanently called Camp Zoe home. It doesn't bring to light that the government is kicking a bunch of people out of their tent homes.
The beauty of his campground operation is how hard the government had to work to get it shut down...as he and the camp itself was kept faultless while turning a blind eye to the campers turning it into a psychedelic haven. Therefore, while they could raid the campground, they would need another search warrant to raid each tent. It was something the local government had no resources to raid...we're talking thousands of campers a few times a year and a very limited county Sheriff's office. The Highway Patrol heavily monitored the roads in and out but had no jurisdiction inside the campground.
Three hundred acres of campground in very, very, rural Missouri is not nearly worth the amount of money that the federal and state government had to spend to raid this campground. It's not suitable for farming, due to the state of Missouri and it's Scenic river way laws prohibiting fences across certain waterways, including the river that flows through Camp Zoe.
Cat at June 17, 2012 10:41 AM
All I have to do is promise to pay more property taxes to your community.
Sick thing is you dont acctually have to follow thru on that promise, you just have to mkae it
lujlp at June 17, 2012 11:53 AM
The problem with your assertion Patrick, is that it would mean that our rights are only as secure as our incomes.
If that sounds like the basis for a free country to you, then you are to far gone to argue with.
Robert at June 18, 2012 4:54 AM
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