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Michael Webster

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Professor Bud Levin

Bud Levin is professor of psychology at Blue Ridge Community College and director of research and development for the Society of Police Futurists International. His work has been published in a variety of criminal justice, psychology, and education journals. Contact him at budblend@gmail.com .

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THE PATRIOT ACT AND YOU!

By Michael Webster Syndicated Investigative Reporter April 6, 2009 9:30 AM PST (Reprint)

The Patriot Act was passed into law on October 24, 2001 by the Congress of the United States, just 45 days after the September 11 attacks, with virtually no debate.  There are significant flaws in the Patriot Act, flaws that threaten your fundamental freedoms by giving the government the power to access your medical records, tax records, information about the books you buy or borrow without probable cause, and the power to break your door down at your home and conduct unconstitutional searches or if your not home search your home or business in secret without telling you for weeks, months, or even indefinitely.

The federal government has turned American freedoms into a world wide mockery with their unchecked spying on ordinary Americans, part of a broad pattern of the executive branch using "national security” and or “suspected terrorism " as an excuse for encroaching on the privacy and free speech rights of Americans without adequate oversight. It can eliminate protections against unlawful imprisonment and now many rights in U.S. legal system are absent — such as the right of habeas corpus Consortiumnews.com

 — And violations of due process for all Americans. All the president has to do is call a citizen an “enemy combatant,” and the person’s due process rights disappear. The US Government says that U.S. citizens can be detained and then tried in secret trials - in absentia, and can use secret evidence that the accused cannot see or challenge.  If evidence is obtained by coercion, government lawyers contend that it should still be allowed as a basis for conviction, there by erasing 300 years of Anglo-American jurisprudence. The shameful demise of due process - Editorials & Commentary ...

You should be very uncomfortable with the collection of your records by the government which are using the Patriot Act to demand your social security number and other private financial or medical information by order of secret courts and the muzzling of those citizens who receive such orders from speaking publicly about them. This is a violation of both the 1st and 4th amendment. You should also oppose the collection of both private and business records by banks, pharmacies and other businesses which are using the Patriot Act to demand your social security number and other private financial or medical information.

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Recent criticism of Bush's admission that he had received warnings only weeks before September 11th has made it more important to understand the origins of the act. There has never been a more urgent need to preserve fundamental privacy protections and our system of checks and balances than the need we face today. As illegal government spying, provisions of the Patriot Act and government-sponsored torture programs transcend the bounds of law and our most treasured values in the name of national security and just the allegation of suspected terrorist activity be it true or not.

The Act was recently extended and updated. You can read the Patriot Act online at this site: www.epic.org.

Financial Transactions

The sections of the Patriot Act that deal with financial transactions fall under Title III, which is also known as the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001. It stands on its own as a separate act of Congress as well as being part of the Patriot Act, and is an amended version of the 1986 Money Laundering Control Act and the 1970 Bank Secrecy Act. The earlier acts tended to focus on preventing money laundering and international cash flow as it related to the drug trade, or to gambling, smuggling, and other types of criminal activity. In the 2001 version, the focus has shifted towards money laundering as a means of financing international terrorism.

The current act encourages financial institutions to collect certain data to identify customers and their transactions in case any of the activity should be flagged as “suspicious” by a government agency. “Suspicious” in most cases means involving any foreign nationals or corporations. The Patriot Act considers any such accounts or transactions worthy of intense scrutiny. (Although the scrutiny will, of course, be more severe for certain nationalities than for others.)

What if you are a US-born, US citizen, do not have any arrest record, and are not involved in any type of criminal activity? If you’d just like to open a bank account or engage in another banking transaction, can a bank force you to provide your social security number? How about fingerprinting you? Is either of these strictly required by law? Not exactly – although if you do not wish to provide your social security number you will have to obtain an alternate taxpayer identification number. This information (along with your name, address, and date of birth) is used as part of the required Customer Identification Program (CIP) used to verify customer identity (and to compare customer information with lists of known terrorist suspects). Such information may also be required by other money service businesses such as currency exchanges. All having the effect of the financial institution acting as agent to and for the US Government.

Fingerprints are not a requirement of the Patriot Act, and they are certainly not required by all financial institutions – so if your bank insists on this procedure, you may wish to take your business elsewhere.

Cash Transactions

Cash transactions are certainly not prohibited, but they bring more government scrutiny, and they are now more inconvenient for certain vendors to process. If you deposit, withdraw, or make a purchase involving more than $10,000 in cash in one day, the other agency involved has to file a Currency Transaction Report (CTR) with the IRS that reports details such as your name, address, and taxpayer identification number. If you purchase over $3,000 of traveler’s checks, money orders, or cashier’s checks, such a transaction will also be reported to the IRS via a Monetary Instrument Log (MIL). And should you engage in any activity that indicates you may be engaged in money laundering or otherwise violating the law, your transaction may even trigger your being put on the no fly list and on the Suspicious Activity Report (SAR). The SAR will be filed without your knowledge – it is, in fact, against the law for you to be informed of the SAR as your knowledge would compromise the subsequent investigation.

More Information:

• For: The US Department of Justice provides the argument in favor of the Patriot Act at a site: www.lifeandliberty.gov that also gives the history of the act and updates to it.
• Against: For the other side of the picture, read analysis from the Electronic Freedom Foundation at: www.eff.org. This site also tracks new developments with the Patriot Act. National Public Radio maintains a page with current news and updates on the USA Patriot Act.
• 
  The Rutherford Institute is a nonprofit organization working to protect the civil liberties of Americans. Their site includes a section about the Patriot Act.
•  
• Financial Crimes Enforcement Network, United States Department of the Treasury maintains a web section covering the Patriot Act.
  
  Center for Democracy and Technology provides a summary and analysis of the entire Patriot Act.
  
  The Foundation for Taxpayer and Consumer Rights is a nonprofit group working to protect consumer privacy rights.

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Editors Note:

Michael Webster’s Syndicated Investigative Reports are read worldwide, in 100 or more U.S. outlets and in at least 136 countries and territories. He publishes articles in association with global news agencies and media information services with more than 350 news affiliates in 136 countries. Many of Mr. Webster’s articles are printed in six working languages: English, French, Arabic, Chinese, Russian and Spanish. With ten more languages planed in the near future.

Mr. Webster is America's leading authority on Venture Capital/Equity Funding. He served as a trustee on some of the nation’s largest trade Union funds. A noted Author, Lecturer, Educator, Emergency Manager, Counter-Terrorist, War on Drugs and War on Terrorist Specialist, Business Consultant, Newspaper Publisher. Radio News caster. Labor Law generalist, Teamster Union Business Agent, General Organizer, Union Rank and File Member Grievances Representative, NLRB Union Representative, Union Contract Negotiator, Workers Compensation Appeals Board Hearing Representative. Mr. Webster represented management on that side of the table as the former Director of Federated of Nevada. Mr. Webster publishes on-line newspapers at www.lagunajournal.com  and www.usborderfirereport.com  and does investigative reports for print, electronic and on-line News Agencies.

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