Asset Forfeiture from Downsize DC[]
Let's be clear about what civil asset forfeiture is not:[]
- It's not confiscation of contraband or illegal goods
- It's not property that has been withheld as evidence during a criminal investigation.
- It's not a fine or restitution imposed on someone duly convicted of a crime
Civil asset forfeiture instead refers to legal property or cash owned by individuals not charged with any crime, which is nevertheless seized by law enforcement agents who merely suspect it was used in a crime.[]
- If tens of thousands of dollars in cash are found in a person's home, it is automatically suspected of having been used in drug dealing, because no "normal" person would have that much cash lying around. "Odd or eccentric people", who distrust banks and keep their savings at home, are at risk.
- If trace amounts of marijuana are found in a vehicle, the vehicle may be seized, even if the owner was unaware that any drugs were transported in the vehicle.
The Civil Asset Forfeiture Reform Act of 2000 (CAFRA), was intended to correct some of the worst abuses. But abuses and outrages continue . . .
- A police dog's sniff of bundles of cash totaling $124,700 was used as sufficient evidence for the government to confiscate the money, even though a large percentage of currency in circulation contains traces of narcotics, and the government couldn't establish how or when the money was used in criminal activity.
- An Ohio man who kept a small amount of medical marijuana and who also kept his life savings in his own home saw the money taken by the FBI – even though he was never charged with marijuana possession.
- Individuals who consent to police searches can lose money kept in their cars – even where there is no trace of illegal drugs or suspicion of illegal activity.
- A woman charged with illegally selling medical equipment saw her assets frozen by the government, on the grounds that her wealth was from ill-gotten gains - preventing her from hiring adequate council to defend herself, as is her right under the 6th Amendment.
Civil asset forfeiture can't be "fixed" because its very essence breeds conflict-of-interest.[]
- Federal law enforcement seized $1.6 billion last year – triple the amount four years ago.
- The Bureau of Alcohol, Tobacco, Firearms, and Explosives ordered Leathermen toolkits for their agents, engraved with the motto "Always Think Forfeiture." Fortunately, the program was halted thanks to the objection of Rep. Bill Sali, but it expresses the attitude that federal law enforcement agents should put plunder ahead of the interests of justice.
- States seized $1.52 billion in 2007; the State of Texas by itself collected $125 million, and many police department budgets are reliant on forfeiture, or "addicted to drug money." This encourages them to seize the money after drug sales have been made, rather than keeping the drugs away from children – defeating the nominal purpose of the War on Drugs
Unfortunately, federal courts have used twisted logic to uphold civil asset forfeitures. They have contended that since the property itself is condemned, and not its owner, norms like "innocent until proven guilty" do not apply. But if the government can seize your life savings, or your house, or the car you need to get to work, the effective punishment is as bad or worse than the penalties imposed upon conviction of a crime – yet the owner of the seized property possesses no due process rights.
Because the courts will not act to end civil asset forfeitures, Congress must. Another "compromise" asset forfeiture bill will only lead to more abuses and outrages. Civil asset forfeiture must be abolished.
Tell Congress to . . .[]
- Require full Fourth, Fifth, Sixth, and Eighth Amendment protection for all federal proceedings against owners of personal property. (See these Amendments on the Background page.)
- Permit seizures of criminal profits only upon criminal conviction of its owner.
- Permit seizures of legally-owned property only if its owner is convicted of a crime, to pay for fines, court costs, or restitution.
- Withhold federal funds to all state and local law enforcement agencies that engage in civil asset forfeiture.
- Enforce the 14th Amendment's requirement that "no person shall be deprived of ... property, without due process of law" by allowing victims of state and local seizures to contest forfeitures in federal court.