Oklahoma Police Now Have a Way to Seize Virtual Cash

Charlie McKenna | June 9, 2016
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 Civil Asset Forfeiture can now extend to prepaid debit cards and account information in the state of Oklahoma.

Without proving any crime, making an arrest, or even obtaining a warrant, police in Oklahoma can now seize money from a prepaid debit card, and access limited account information from debit or credit cards if they believe a person’s funds were involved in a crime.

To do this, they use a device called an ERAD, or Electronic Recovery and Access to Data machine. At least 16 of them are in circulation in Oklahoma. They are portable, and meant to be used from any location

But it gets worse. The state pays the manufacturer, ERAD Group Inc., $5,000 for each ERAD, $1,500 for officer training for the device and then 7.7 percent of all seized funds.

So how do the police determine when to use the ERAD? According to News9, if a trooper suspects you may have money tied to some type of crime, the highway patrol can scan any prepaid cards you have an seize the money. They can also scan your bank cards and retain certain information, such as your name and card number.

“We’re gonna look for different factors in the way that you’re acting,” Oklahoma Highway Patrol Lt. John Vincent said. “We’re gonna look for if there’s a difference in your story. If there’s some way that we can prove that you’re falsifying information to us about your business.”

Police say the device is important because drug traffickers often use prepaid cards to funnel money involved in illicit drug deals.  

But don’t worry, they won’t keep your money forever. Vincent promises, “If you can prove that you have a legitimate reason to have that money it will be given back to you. And we’ve done that in the past.”

Some state lawmakers are pushing back against the move, saying the ERAD and Civil Asset Forfeiture violates due process and is too easy to abuse.

“We’ve seen where the money goes and how it’s been misspent,” State Sen. Kyle Loveless said.

Essentially, in Oklahoma, your money could be taken in an instant on the whim of a police officer. You will get your money back only if the state deems it acceptable. According to local lawmakers the seized money is misspent.

Loveless plans to introduce legislation next session requiring conviction before seizure of assets, but until that passes, my prepaid debit cards and I are staying out of Oklahoma

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