As I said, I see where you're coming from. The US government is completely in the wrong. It had no jurisdiction over MegaUpload and this case should never even have started.
Additionally, I never argued that the government has the right to seize all assets without justification. First, the government should only have the ability to freeze assets related to the case at hand. I should only lose access to the $400 million in question, not any of my other property. That $400 million should be kept safe, so that it may be returned to me at the end of the trial if I'm found not guilty (another place where the government is failing).
Additionally, I don't believe that the government should be able to do this without needing to explain itself. This should only occur if the government has been able to justify before a grand jury that there is reason to believe that I have committed a crime and that the loss of this money would aggravate the nature of the crime. For instance, in my check fraud hypothetical, the $400 million should be frozen, since my spending it would aggravate the crime. On the other hand, there's no reason for me to be held in prison, since the act is completed. Now, if I'm accused of attempted murder, it is logical that I should be prevented from going near the person I'm accused of trying to kill.
You'll argue that the grand juries are a joke and I'd say that you're right. They are broken and need to be fixed. However, once they are fixed, they should serve as a temporary, provisional guilty in the concept of "innocent until proven guilty".
Additionally, I never argued that the government has the right to seize all assets without justification. First, the government should only have the ability to freeze assets related to the case at hand. I should only lose access to the $400 million in question, not any of my other property. That $400 million should be kept safe, so that it may be returned to me at the end of the trial if I'm found not guilty (another place where the government is failing).
Additionally, I don't believe that the government should be able to do this without needing to explain itself. This should only occur if the government has been able to justify before a grand jury that there is reason to believe that I have committed a crime and that the loss of this money would aggravate the nature of the crime. For instance, in my check fraud hypothetical, the $400 million should be frozen, since my spending it would aggravate the crime. On the other hand, there's no reason for me to be held in prison, since the act is completed. Now, if I'm accused of attempted murder, it is logical that I should be prevented from going near the person I'm accused of trying to kill.
You'll argue that the grand juries are a joke and I'd say that you're right. They are broken and need to be fixed. However, once they are fixed, they should serve as a temporary, provisional guilty in the concept of "innocent until proven guilty".