[Making bank deposits of] less than $10,000 is illegal if it is done to evade a federal bank reporting requirement. [By] a practice known as civil asset forfeiture, prosecutors can seize [such bank deposits]. As an individual, you may be presumed innocent unless or until you are proven guilty, but your money and possessions have no such protections. To get your money back, you have to go to court essentially to prove that you and your assets are not guilty. Federal agents have used this power to seize medical marijuana dispensaries in states that have legalized medical marijuana ... to shut down what are legal businesses under California law without having to establish beyond a reasonable doubt that the owners violated federal drug laws. Loretta Lynch, the U.S. Attorney for the Eastern District of New York and President Obama's nominee to succeed Eric Holder as Attorney General, has been an aggressive practitioner of asset seizures. Lynch's office has served as a major forfeiture operation, bringing in more than $113 million in civil actions from 123 cases between 2011 and 2013. [One] case involves Bi-Country Distributors, a Long Island family business that stocks convenience stores. In May 2012, federal agents seized more than $400,000 from the business bank account. Brothers Jeffrey, Richard and Mitch Hirsch who run the business ... made frequent deposits under $10,000. Federal prosecutors grabbed the money, but didn't charge the Hirsches with a crime.
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