The Corner

FAIR’s Fair

Rand Paul is making a more than welcome effort to rein in asset-forfeiture abuse. There’s an explanation over on his website:

Sen. Rand Paul yesterday introduced S. 2644, the FAIR (Fifth Amendment Integrity Restoration) Act, which would protect the rights of citizens and restore the Fifth Amendment’s role in seizing property without due process of law. Under current law, law enforcement agencies may take property suspected of involvement in crime without ever charging, let alone convicting, the property owner. In addition, state agencies routinely use federal asset forfeiture laws; ignoring state regulations to confiscate and receive financial proceeds from forfeited property.

 The FAIR Act would change federal law and protect the rights of property owners by requiring that the government prove its case with clear and convincing evidence before forfeiting seized property. State law enforcement agencies will have to abide by state law when forfeiting seized property. Finally, the legislation would remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General’s Asset Forfeiture Fund to the Treasury’s General Fund.

 ”The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime,” Sen. Paul said.

Over at the Washington Post, Radley Balko applauds, and explains the requirement that state agencies “will have to abide by state law when forfeiting seized property”:

Currently, a number of state legislatures across the country have passed reform bills to rein in forfeiture abuses. The problem is that the federal government has a program known as “adoption” or “equitable sharing.” Under the program, a local police agency need only call up the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives or similar federal agency. That agency then “federalizes” the investigation, making it subject to federal law. The federal agency then initiates forfeiture proceedings under the laxer federal guidelines for forfeiture. The feds take a cut and then return the rest — as much as 80 percent — back to the local agency. This trick thwarts the intent of state legislature that have attempted to make civil forfeiture more fair when it comes to burden of proof, protections for innocent property owners and eliminating the perverse incentive of allowing forfeiture proceeds to go to the same police agency that made the seizure.

I’ve long thought that the idea of asset forfeiture in the absence of a conviction is very difficult (translation: impossible) to reconcile with any justice system worthy of the name. Senator Paul’s proposed bill is a step in the right direction.

It will be interesting to see if Paul can find the necessary co-sponsors. And no less interesting to see who exactly signs up, and who does not. 

Most Popular

Culture

Equality and Envy

We are not the same. Neither men, nor women, nor races, nor ages, nor nationalities, nor in wealth, nor in training, nor in beauty. We are not equal in any way. And that is a reason to be proud and happy, because at the end of the day we are human and not the product of some factory. Let us once and for all ... Read More
Culture

Equality and Envy

We are not the same. Neither men, nor women, nor races, nor ages, nor nationalities, nor in wealth, nor in training, nor in beauty. We are not equal in any way. And that is a reason to be proud and happy, because at the end of the day we are human and not the product of some factory. Let us once and for all ... Read More

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More

The Pollster Who Thinks Trump Is Ahead

The polling aggregator on the website RealClearPolitics shows the margin in polls led by Joe Biden in a blue font and the ones led by Donald Trump in red. For a while, the battleground states have tended to be uniformly blue, except for polls conducted by the Trafalgar Group. If you are a firm believer only in ... Read More
Elections

Biden Lies Again and Again

Joe Biden is a career liar and he lied some more in the debate, for instance when he dismissed the now well-supported New York Post story about Hunter Biden's business dealing as "a Russian plant." There is zero evidence for this. He offered this line: There are 50 former national intelligence folks who said ... Read More
Elections

Biden Lies Again and Again

Joe Biden is a career liar and he lied some more in the debate, for instance when he dismissed the now well-supported New York Post story about Hunter Biden's business dealing as "a Russian plant." There is zero evidence for this. He offered this line: There are 50 former national intelligence folks who said ... Read More