Civil Forfeiture in New Yorker magazine

The latest New Yorker magazine includes an article on civil forfeiture. Back in 1995 I took a class at Harvard Law School called “Advanced Criminal Procedure.” An example civil forfeiture case that I can remember involved a man who drove his wife’s car to a shady part of town looking for a prostitute. The police didn’t have enough evidence for a successful criminal prosecution but they took the wife’s car via civil forfeiture, arguing that the car was involved in prostitution. The wife appealed, pointing out that she certainly did not authorize the use of her car for such a purpose, but lost. The appeals court ruled that the government had the right to take her car.

Now that adult children are moving in with parents in increasing numbers, the case of the elderly Philadelphia couple whose 31-year-old son made three $20 marijuana deals from the front porch should be cautionary. I would rate this as another argument in favor of renting rather than owning a home (see previous posting on the subject). An owned house is a irresistible target for a variety of predators, including the government (gradual via property tax) and the police (sudden via civil forfeiture). Insurance cannot protect against these kinds of risks.

If Mary and Leon Adams had purchased a basket of stocks in 1966 instead of the house they would be a lot better off today. A jealous neighbor cannot plant a marijuana seed in a Vanguard portfolio and then call 911. A wastrel child cannot deal drugs while standing on top of a record in a Fidelity Investments relational database management system.

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Friends of Acadia National Park Charity Auction

I spent a couple of days on Mount Desert Island (“MDI” to the Rockefellers) and was invited to join the swells of Bar Harbor and Northeast Harbor at the Friends of Acadia annual benefit auction.

About 500 people attended the event, held in a tent on the lawn of the Asticou Inn. Many of the waitstaff seemed to be speaking with Eastern European accents. Our table included the owner of one of the island’s larger hotels and we asked him why, in a time of supposedly high unemployment, there weren’t Americans who wanted to spend the summer on MDI. “I offer pretty high wages and housing, but Americans still aren’t interested,” he noted. “I had a single mom working for me for a few months but then she figured out that she could collect more from public assistance if she quit. Americans can usually obtain a comfortable material lifestyle by moving in with their parents or collecting Welfare. Why would they want to be on their feet serving two meals per day?”

Men wore salmon- and orange-colored pants with navy blazers and boat shoes without socks. Nobody seemed to have a problem bidding over $40,000 for a Willys Jeepster (photo below) or a week’s vacation in Antigua. Out of 500 people attending I noticed just one black person and no Asians.

The least obvious auction item was a set of four bicycles that the Obama family had rented during a brief visit to the national park in 2010. They sold for $7000. Asked why someone would pay that much for bikes that the Obama family had touched, a woman at our table said “Probably they are going to re-sell them at a profit to liberals in Cambridge.” Upon returning home I asked a Cambridge neighbor how much she thought the four bikes might have sold for. She estimated their auction value as $50,000.

[My best MDI moment was reading a Mo Yan novel while looking out at a moored yacht and think “Mo Yar” would be a good name for a sailboat maker (see Philadelphia Story for definition of “yar”).]

 

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A varied weekend of flying

I spent a long weekend making two trips in the Cirrus SR20. The flights included an instrument approach down to 500′ overcast at the untowered airport in Bar Harbor, Maine, operations at a busy towered airport (Hanscom), and short-field operations on the 2500′ runway at Block Island, Rhode Island. It included running into someone we knew at an airport (California instructor Jeff Moss training a new jet owner from Texas).

My host in Maine is an accomplished pilot who owns and operates a single-engine turboprop. He has a college-age daughter who would be any parent’s treasure. Despite the fact that my friend has ample funds with which to have purchased this child an airline ticket or even a jet charter, he sent her back to Hanscom Field with me in the Cirrus. How often does one have an opportunity to find out how one’s friends truly evaluate one’s level of skill and responsibility? It reminded me of being a 200-hour pilot working on my instrument rating in Alaska. My instructor had more than 5000 hours of flying time… on skis. In addition he had been an FAA employee for decades, supervising air taxi operations. When he asked me to give his wife a ride to a nearby airport I felt much more proud than when I had passed my Private checkride.

It is definitely simpler to stay home and/or drive a Honda Accord everywhere that one needs to go. But I’m happy that I have challenged myself and invested enough time with flight training that friends will trust me with their children.

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Federal government spends more money debating backup cameras for cars than it would have cost to install them?

The federal government has been planning since the reign of King Bush II to require that automakers include a backup camera as standard equipment (to cut down on the roughly 17,000 people per year who are injured in “backover” accidents). I’m helping a friend who is shopping for a new car (she needs to move her two kids and maybe some extra children a few miles within a city so naturally her first choice is a pavement-melting SUV) and decided to check to see if all new 2014 cars would have backup cameras. This April 15, 2013 story says that the Obama Administration is still debating the rule.

Given the pace at which technology becomes cheaper and government workers become more expensive I’m wondering if now we are actually spending more as a society on arguing about these cameras than they would have cost to install. It seems that perhaps 30 percent of new cars won’t have the cameras in 2014.

If the camera and screen add $50 to the cost of making a car and the 2012 sales rate of 14.5 million is sustained, that is $217.5 million that would be spent on the backup cameras for those vehicles that lack them. The U.S. Department of Transportation budget was $79 billion in 2011 (Wikipedia) but it is tough to know how much of that was spent on making rules for backup cameras. Given that members of Congress are engaged in this debate and also journalists and members of the public, and that the debate has been ongoing for at least 10 years (George W. Bush signed the law (text of H.R. 1216, the Cameron Gulbransen Kids Transportation Safety Act of 2007) requiring cameras back in 2008, but presumably the law came out of a previous debate), it doesn’t seem inconceivable that $217.5 million has been spent arguing. Let’s not forget travel expenses for advocates of the law who flew to Washington, D.C. to try to get audiences with bureaucrats and members of Congress.

What do folks think? Will Americans spend more arguing about this hardware than the Chinese will charge us to build a year’s worth of the devices?

[Note that this is not an argument against the spirit of the 2007/2008 law. The automobile market is already so heavily regulated and, in some cases subsidized with federal tax dollars, that there is not really an obvious argument to be made against any additional regulation. As a parent I certainly don’t want any of my kids to be backed over because a car maker saw an opportunity to sell a $2000 option package and a consumer didn’t have the $2000 to spend on the package that included the camera. I think the cameras will pay for themselves over time, even if no lives were saved, because drivers won’t back over/into as much stuff (economic analyses of the law that I’ve seen concentrate on the cost of each life actually saved, but ignore the costs of property damage and injuries). I would, however, say that this does show a weakness in the American political system. Congress could write “There shall be a backup camera in every car starting in 2011, covering at least whatever a driver can’t see with the mirrors, and the screen will be at least 3″ diagonally.” Instead the law will say “This authorizes bureaucrats to engage in an endless debate, during every minute of which they draw fat salary and pension benefits at taxpayer expense, about the best way to regulate each and every detail of backup cameras. If they can’t conclude their debate by 2010 then they can pay themselves for an additional five or ten years to continue studying the issue and talking to their pals in the auto industry.”]

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