Seizure of assets - Sec. 806: Section 806 of the Act could result in the civil seizure of their assets without a prior hearing, and without them ever being convicted of a crime. It is by far the most significant change of which political organizations need to be aware. Section 806 amended the civil asset forfeiture statute to authorize the government to seize and forfeit: all assets, foreign or domestic (i) of any individual, entity, or organization engaged in planning or perpetrating any act of domestic or international terrorism against the United States, or their property, and all assets, foreign or domestic, affording any person a source of influence over any such entity or organization or (ii) acquired or maintained by any person with the intent and for the purpose of supporting, planning, conducting, or concealing an act of domestic or international terrorism against the United States, citizens or residents of the United States or their property or (iii) derived from, involved in, or used or intended to be used to commit any act of domestic or international terrorism against the United States, citizens or residents of the United States, or their property.
This language is broad enough to authorize the government to seize any assets of any individuals involved in the Vieques Island protests or of any organization supporting the protests of which the person is a member, or from any individuals who were supporting the protesters in any way. Possible supporters of the protesters could include student organizations that sponsored participation in the demonstration, the Rainbow/Push Coalition, the Rev. Sharpton's National Action Network, and religious or community organizations that provided housing or food to the protesters.
The civil asset forfeiture power of the United States government is awesome. The government can seize and/or freeze the assets on the mere assertion that there is probable cause to believe that the assets were involved in domestic terrorism. The assets are seized before a person is given a hearing, and often without notice. In order to permanently forfeit the assets, the government must go before a court, but at a civil hearing, and the government is only required to prove that the assets were involved in terrorism by a preponderance of the evidence. Because it is a civil proceeding, a person is not entitled to be represented by an attorney at public expense if they cannot afford to pay an attorney. The time between seizure and forfeiture can sometimes be months; meanwhile, organizations or individuals whose assets are seized are forced to make do without the assets. Only the most financially flush non-profit organizations would be able to successfully defend themselves against government forfeiture. In short, without the full due process afforded in criminal cases, the U.S. government can bankrupt political organizations it asserts are involved in domestic terrorism.
http://www.aclu.org/natsec/emergpowers/14444leg20021206.html