Lawmakers in Congress have reintroduced legislation to curtail one of the most wicked and tyrannical practices employed by law enforcement agencies at the federal, state, and local levels of government. Republican and Democratic legislators are putting forth the Fifth Amendment Integrity Restoration Act (FAIR Act) to reform civil asset forfeiture in the U.S.
For those who are unaware of civil asset forfeiture, it is a legal process by which law enforcement officers can seize assets such as cash, vehicles, property, homes, and others if they suspect their owner of having been connected to criminal activity.
Note, this practice is not limited to people who have been convicted of a crime. Rather, law enforcement is legally authorized to take one’s property even if they just suspect the property has been used to commit an offense – there is no “innocent until proven guilty” when it comes to civil asset forfeiture.
Asset forfeiture, which is derisively known as “Policing for Profit,” has been one of the most egregious abuses of power that nobody seems to know about. The money that comes from the property that is stolen from civilians typically goes into the coffers of law enforcement agencies, creating a lucrative incentive for them to abuse this process.
Fortunately, at least some members of Congress see the problem in employing such measures. Rep. Kelly Armstrong (R-ND) declared that he is joining with Reps. Tim Walberg (R-MI) and Jamie Raskin (D-MD to reintroduce the FAIR Act as a “comprehensive reform to our nation’s civil asset forfeiture laws,” according to Armstrong’s website. The proposal would “raise the level of proof necessary for the federal government to seize property” and “reforms the IRS structuring statute to protect innocent small business owners,” while increasing “transparency and congressional oversight.”
“Civil asset forfeiture is an important tool, but it needs reform,” Armstrong said. “Innocent until proven guilty has little meaning if law enforcement can seize your assets before you ever appear in a court on a criminal charge. This bipartisan bill takes important steps such as ending equitable sharing and providing additional due process to protect private property from unjust seizure.”
“It’s been far too easy for the government to seize a private citizen’s property, in some cases even without criminal charges being brought,” said Rep. Walberg. “The FAIR Act brings important reforms to limit government overreach and restores constitutional rights. Across the political spectrum, the FAIR Act has garnered support and I look forward to my continued work with Congressman Raskin as we fight to get this critical legislation signed into law.”
“The lawless seizure and ‘forfeiture’ of people’s private property by police officers is becoming standard operating procedure in many parts of the country,” said Raskin. “We want to restore the presumption of innocence, fair judicial process, and the opportunity to be heard. I’m proud to introduce this important bipartisan legislation with my friend Rep. Walberg to rein in civil asset forfeiture and restore due process rights.”
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Sen. Rand Paul (R-KY) has also introduced the act in the past. If passed, it would eliminate “Equitable” Sharing, which allows state police officers to turn over the property they steal to federal officials and earn up to 80 percent of the proceeds.
The legislation would also require the government to prove that a property owner consented to their property being used in the commission of a crime by a third party. Currently, the government can steal one’s property even if it was stolen from the original owner of the property. If your car was stolen, and then used to commit a bank robbery, police can legally become the second thief to take your vehicle.
The FAIR Act would also ensure that those who have had their property stolen by the state would have the opportunity to receive court-appointed representation. Currently, if one wishes to retrieve their government-pilfered property, they must pay a lawyer to help them navigate the long, complicated, and onerous process that governments create to make sure they can keep what they steal.
The law isn’t perfect, however. It seeks to address incentives for Policing for Profit by stopping the “Equitable” sharing program. But it would have the funds be deposited into the Treasury’s General Fund, which Congress can use for any purpose. The reality is that if property has actually been proven to have been used to violate the rights of another, then the funding from that should go towards restitution for the victims, not to Ukraine.
Still, this would be an excellent start. The fact that it has support from both parties is promising. However, we can still expect lawmakers to push back against it for a myriad of stated reasons. There are too many officials who would rather protect the state’s ability to raise funds by stealing even more from the populace. Hopefully, there will be enough support to get the bill through.
The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com.
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