Here’s a modest proposal: When a federal law-enforcement agency sets out to punish a private citizen or business based on accusations of fraud or similar wrongdoing, it should have to prove its case by more than just a preponderance of the evidence. While proof beyond reasonable doubt may be too high a hurdle in nominally civil cases that can’t result in incarceration, proof by clear and convincing evidence seems the least that due process should demand.
‘Enforcement 40’ for 2020
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