This Bill Would Close a Loophole That Robs Americans of Due Process
27th March 2019
Civil forfeiture is the law enforcement tool which allows property or currency to be seized and permanently forfeited, even in situations where the owner is neither charged with, nor convicted of, a crime.
Prior to the 1980s, civil forfeiture was a niche law enforcement tool relegated chiefly to admiralty and customs law. But Congress, followed later by nearly every state, ramped up the practice to target the assets and ill-gotten gains of drug kingpins, criminal organizations, and money launderers.
And to encourage law enforcement agencies to use this powerful new tool, Congress empowered federal agencies to retain the proceeds of successful forfeitures, and authorized them to share the funds with state and local agencies that participate in forfeiture cases through what is known as the “equitable sharing” program.
In other words, lawmakers empowered agencies to seize their way to bigger budgets. It should come as no surprise that forfeiture exploded in the United States.
‘Civil asset forfeiture’ is the biggest end-run around the Constitution in the country today. This legislation is badly needed.