Civil Asset Forfeiture

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House Judiciary Committee Moves Forfeiture Reform Forward​

June 14, 2023

WASHINGTON—The House Judiciary Committee unanimously approved H.R. 1525, the Fifth Amendment Integrity Restoration (FAIR) Act, which would enact a major overhaul of federal civil forfeiture laws. The bill would remove the profit incentive that drives so many federal forfeitures, end the federal “equitable sharing” program that is used to circumvent state law protections for property rights, and eliminate the unfair administrative forfeiture process, among other reforms.

“Civil forfeiture reform is long overdue. It is heartening to see some real progress toward protecting Americans’ property rights,” said Institute for Justice (IJ) Senior Attorney Dan Alban, who heads IJ’s National Initiative to End Forfeiture Abuse. “We hope that today’s strong showing of bipartisan support prompts leaders to quickly move this bill through the full House and then the Senate.”

The FAIR Act would enact the following changes to federal civil forfeiture:

Read the rest:

ij.org

House Judiciary Committee Moves Forfeiture Reform Forward - Institute for Justice

WASHINGTON—The House Judiciary Committee unanimously approved H.R. 1525, the Fifth Amendment Integrity Restoration (FAIR) Act, which would enact a major overhaul of federal civil forfeiture […]
ij.org ij.org
 

US Government Sued for Allegedly Seizing $100,000,000 in Cash, Gold and Jewelry From Citizens Without Explanation​

The US government won’t specify why it abruptly seized more than $100 million from people’s safety deposit boxes in California, according to a new lawsuit.

The nonprofit Institute for Justice says it’s seeking to halt forfeiture proceedings for a group of citizens who’ve had their assets confiscated by the FBI with little to no explanation.

The case is centered on a Los Angeles-based couple who says the FBI abruptly seized $40,200 of their life savings from a safety deposit box.

Linda and Reggie Martin want to know why the FBI took their cash, along with the contents of hundreds of other people’s safety deposit boxes, from a financial storage company in Beverly Hills in March of 2021.

The couple says the agency seized their money without providing any evidence of illegal activity.

More here:

dailyhodl.com

US Government Sued for Allegedly Seizing $100,000,000 in Cash, Gold and Jewelry From Citizens Without Explanation - The Daily Hodl

The US government won't specify why it abruptly seized more than $100 million from people's safety deposit boxes in California, according to a new lawsuit.
dailyhodl.com dailyhodl.com
 

Using loophole, Seward County seizes millions from motorists without convicting them of crimes​

SEWARD, Neb. (Flatwater Free Press, Natalia Alamdari) – Four hundred and fifty-five miles of Interstate 80 run through Nebraska.

But one 24-mile stretch has become nationally known – or notorious – for a type of traffic stop that sends millions to a single Nebraska county and its sheriff’s office.

In August 2020, flashing police lights stopped Christopher Bouldin’s van on this short ribbon of road as he headed west through Seward County.

Within minutes, Bouldin found himself standing with his dog on the westbound shoulder.

Seward County deputies had just found $18,000 in cash rolled up in a blue sleeping bag in his backseat. It’s drug money, they alleged. It’s money for my trip to Colorado, Bouldin responded.

There, on the side of the road, 1,300 miles from his Virginia home, in a state where Bouldin knew no one, a sheriff’s deputy handed him a form.

You can sign this piece of paper, abandon the $18,000, avoid arrest and continue on to Colorado, he says he was told.

Don’t sign, and you will go to jail. You could face felony charges. Your van will be towed. Your dog will be taken to the pound.

Read the rest here:

www.klkntv.com

Using loophole, Seward County seizes millions from motorists without convicting them of crimes

Four hundred and fifty-five miles of Interstate 80 run through Nebraska. But one 24-mile stretch has become nationally known – or notorious – for a type of traffic stop that sends millions to a single Nebraska county and its sheriff’s department.
www.klkntv.com www.klkntv.com
 
CAF is a total perversion of the American ethos. Without strong property rights, America is no different from any banana republic.
 
^^^^Agree 100%. It's legalized thievery that has the backing of the supreme court. Anyone who would engage in this horseshit is a thief acting under the color of law. They are crooks pure-plain and simple. Their enablers are worse.
 
I'm gonna put this here since I think its close enough & I don't want to start a new thread.



 

Man Sues Police For THEFT Of 4000 Oz Of Silver Then THIS Happens!​

Jun 25, 2023


13:34
 
ARLINGTON, Va.—Today, two victims of civil forfeiture joined with the Institute for Justice (IJ) to file an amicus brief in a case before the United States Supreme Court, urging the court to rule that forfeiture victims have a right to a prompt hearing after police seize their property. Civil forfeiture is the system through which law enforcement can take an individual’s property without ever charging them with a crime.

“Delay is one of the government’s most potent weapons in civil forfeiture cases,” said IJ Attorney Rob Johnson, the author of the brief, “Forced to wait months or even years for a hearing, many property owners simply give up, and others agree to unfair settlements where they give up half or more of their property just to get the remainder back. We’re urging the Supreme Court to make clear those kinds of tactics violate due process. Victims of civil forfeiture are entitled to have their cases heard in a timely manner.”

More:

ij.org

Civil Forfeiture Victims Urge Supreme Court to Recognize Right to a Prompt Hearing After Police Take Property - Institute for Justice

ARLINGTON, Va.—Today, two victims of civil forfeiture joined with the Institute for Justice (IJ) to file an amicus brief in a case before the United […]
ij.org ij.org
 

Police Seized Innocent People's Property and Kept It for Years. What Will the Supreme Court Do?​

Gerardo Serrano and Stephanie Wilson may have little in common. But there is at least one major tie that binds them: The government seized their vehicles, never charged either of them with a crime, and, most pertinently, made them wait years before resolving their cases.

It is not uncommon for victims of civil forfeiture—the practice that allows law enforcement to take people's assets without having to prove the owner was guilty of a crime—to endure protracted delays before they have the opportunity to even step foot in a courtroom and defend themselves. The U.S. Supreme Court will soon hear Culley v. Attorney General of Alabama and decide if those who find themselves in that situation are entitled to a probable cause hearing after the seizure and, if so, how speedily it must happen.

That the highest court in the country has to rule on whether people get such a hearing is an apt indictment of how unaccountable civil forfeiture has become.

More:

reason.com

Police seized innocent people's property and kept it for years. What will the Supreme Court do?

Civil forfeiture has become entirely unaccountable. The justices have the opportunity to make it a bit less so.
reason.com reason.com
 
LOS ANGELES—Linda Martin was never charged with a crime, but the FBI seized her $40,200 and held it for two years. But the month after Linda filed a nationwide class action lawsuit with the Institute for Justice (IJ), the FBI hurriedly tried to return her nest egg to avoid any accountability. Although Linda now has her money back, her fight to end the FBI’s practice of sending unconstitutional forfeiture notices will continue in federal court in Washington, D.C.

ij.org

The FBI Finally Returned Her Life Savings After Holding It for Two Years Without Pressing Charges - Institute for Justice

LOS ANGELES—Linda Martin was never charged with a crime, but the FBI seized her $40,200 and held it for two years. But the month after […]
ij.org ij.org
 

He Beat the DEA After Agents Wrongly Took His Money at Atlanta Airport, But a Court Let the Government Stiff His Attorneys​

July 20, 2023

ATLANTA—Beating federal prosecutors in court is no easy task. But Brian Moore’s attorneys did just that when they helped him stop the civil forfeiture of $8,500 seized from him by Drug Enforcement Administration (DEA) agents at Atlanta’s airport. Brian was never charged with a crime, and the government willingly dismissed the case and cannot file it again.

By federal law, property owners are supposed to have their attorneys’ fees paid by the government when they beat civil forfeiture. But a federal court determined that because the government gave up, Brian did not “substantially prevail” and will not be reimbursed for the cost of litigating his case. Now, the Institute for Justice (IJ) is stepping in with an appeal to the 11th U.S. Circuit Court of Appeals to help Brian win his attorneys’ fees and, more broadly, to ensure that fighting civil forfeiture does not mean losing much of what was wrongly seized in the first place.

“The government should face consequences when it files meritless civil forfeiture cases,” said IJ Attorney Joshua House. “By any definition, Brian won his case, and it is clear that Congress wanted the government to pay attorneys’ fees to property owners in these circumstances, so that victims of forfeiture abuse are made whole.”

More here:

ij.org

He Beat the DEA After Agents Wrongly Took His Money at Atlanta Airport, But a Court Let the Government Stiff His Attorneys - Institute for Justice

ATLANTA—Beating federal prosecutors in court is no easy task. But Brian Moore’s attorneys did just that when they helped him stop the civil forfeiture of […]
ij.org ij.org
 
This one's a bit different than most of the posts here but it does pertain to civil asset forfeiture.

From the link:

MIAMI – A federal judge in Miami on Friday criticized prosecutors for an apparent attempt to undercut a court order and take control of a oceanside condo belonging to a former Republican congressman ahead of a high-profile trial connected to a $50 million consulting contract with Venezuela's socialist government.

When David Rivera and an associate were charged last November with money laundering and acting as unregistered foreign agents for President Nicolás Maduro's government, prosecutors obtained a judge’s order freezing several banking and brokerage accounts as well as Florida properties that they said were the product of some $24 million in ill-gotten gains.

www.clickorlando.com

Judge criticizes prosecutors' handling of Venezuela case against ex-Miami congressman

A federal judge in Miami is criticizing prosecutors for an apparent attempt to undercut a court order and try to take control of an oceanside condo belonging to a former Republican congressman ahead of a high-profile trial connected to a $50 million consulting contract with Venezuela’s government.
www.clickorlando.com www.clickorlando.com
 
August 4, 2023

NEW YORK—Today, the 2nd U.S. Circuit Court of Appeals held that a Rochester woman is entitled to make her case in front of a judge nearly three years after Rochester Police took more than $8,000 from her without charging her with a crime.

Cristal Starling previously lost her $8,000 when—representing herself in her civil forfeiture case—she missed one of several deadlines to contest the forfeiture. Cristal appealed, represented by the Institute for Justice (IJ), and the 2nd Circuit held that Cristal should not lose her money forever because of a single missed deadline.

“Today’s decision will have important consequences for civil forfeiture victims who are trying to navigate complicated forfeiture procedures, often without help from a lawyer,” said IJ Senior Attorney Rob Johnson. “If the government wants to take your money, they should have to prove you did something wrong—not trip you up with legal procedures.”

ij.org

Court Rules Rochester Woman is Entitled to Day in Court Nearly Three Years After Police Took Her Money Without Charging Her With a Crime - Institute for Justice

NEW YORK—Today, the 2nd U.S. Circuit Court of Appeals held that a Rochester woman is entitled to make her case in front of a judge […]
ij.org ij.org
 

Feds Spend Billions to Fund Civil Asset Forfeiture Seizures​

Aug 12, 2023


11:47

The Institute for Justice did the math and it's not pretty.https://ij.org/
 

Woman Wins Fight to Get Her $40K Back from Feds​

Sep 9, 2023

14:50

Another win from the Institute for Justice.
https://ij.org/
 

Appeals Court Calls Car Seizure Program a Money-Making Scheme​

Sep 12, 2023


14:57
 

Innocent Security Deposit Box Renters Demand FBI Return Missing Property​

Don Mellein is a retired civil servant living in Los Angeles. To safeguard his financial security, Don invested in precious metals, including gold coins. And to keep these savings safe, he rented a safe deposit box at US Private Vaults, a business in Beverly Hills. Don certainly didn’t expect that his precious property would be seized by the government.

In March 2021, the FBI raided US Private Vaults. The warrant authorizing the raid directed officers to focus on US Private Vaults, the business, and specifically stated that it did not authorize a criminal search or seizure of the contents of the individual safe deposit boxes. When it came to the boxholders, the FBI promised the judge that it would “preserve the property for safekeeping” until it could be safely returned to the rightful owners.

More:


Complaints:


 
Institute for Justice said:
... In all, the FBI sought to forfeit over $85 million in cash and untold millions more in precious metals and other valuable property, including the contents of Don’s box. ...
Click to expand...

Nice haul for a legal crime syndicate.

I look forward to the day that the issue of Civil Asset Forfeiture is high on the radar of the masses and affects Congress enough to pass legislation that kills this Anti-American bullshit.
 

How the government uses a ‘legal maze’ to ‘wage war’ on Americans’ property, according to this attorney​

Published September 3, 2023 8:30am EDT

The federal government is waging war on Americans and their bank accounts through the "legal maze" of civil asset forfeiture, a senior attorney at a nonprofit law firm said.

"The administrative forfeiture process is extremely complex and confusing, and I believe it is confusing by design," the Institute for Justice's Dan Alban told Fox News. "The entire system is set up in a way that stacks the cards against property owners."

"It's designed to cleanly and efficiently take money away from people and give it to the government and not really give them the due process that they're entitled to," added Alban, who represents a number of Americans in their civil forfeiture battles against the government.

Asset forfeiture is a process that allows the government to seize money or other property it suspects is linked to criminal activity. Most federal forfeitures are civil, meaning the government can keep the seized assets without charging or convicting the property owner with a crime.

Fighting to get seized property back is often difficult and expensive since forfeiture effectively places the burden of proof on the property owner, according to Alban. And because it's a civil case, there's no right to a public defender.

Read the rest:

www.foxnews.com

How the government uses a ‘legal maze’ to ‘wage war’ on Americans’ property, according to this attorney

Institute for Justice senior attorney Dan Alban says the federal government is using the "legal maze" of civil forfeiture to wage war on Americans and their bank accounts.
www.foxnews.com www.foxnews.com
 
searcher said:

Innocent Security Deposit Box Renters Demand FBI Return Missing Property​

Don Mellein is a retired civil servant living in Los Angeles. To safeguard his financial security, Don invested in precious metals, including gold coins. And to keep these savings safe, he rented a safe deposit box at US Private Vaults, a business in Beverly Hills. Don certainly didn’t expect that his precious property would be seized by the government.

In March 2021, the FBI raided US Private Vaults. The warrant authorizing the raid directed officers to focus on US Private Vaults, the business, and specifically stated that it did not authorize a criminal search or seizure of the contents of the individual safe deposit boxes. When it came to the boxholders, the FBI promised the judge that it would “preserve the property for safekeeping” until it could be safely returned to the rightful owners.

More:


Complaints:


Click to expand...

FBI Accused of Stealing or Losing $1,000s in Cash and Gold Coins​

Sep 25, 2023


18:28
 

Ending state-sanctioned theft to preserve police legitimacy​


Civil asset forfeiture is not an asset to the American people—it is legalized theft without constitutionally-required due process of law. Thankfully, the practice may finally be curbed.

Recently, the U.S. Court of Appeals for the 6th Circuit found Wayne County, Michigan’s civil asset forfeiture program in violation of the due process clause of the 14th Amendment. Civil asset forfeiture is the process by which governments seize citizens’ property without respect to the long-standing adage of “innocent until proven guilty.” The 6th Circuit decision is a hopeful sign of things to come. Whether through further court decisions or congressional and state legislation, it’s time to end state-sanctioned theft by putting appropriate limitations on civil asset forfeiture.

More:

thehill.com

Ending state-sanctioned theft to preserve police legitimacy

Civil asset forfeiture is not an asset to the American people—it is legalized theft without constitutionally-required due process of law. Thankfully, the practice may finally be curbed. Recen…
thehill.com thehill.com
 

Victim Can't Collect From Abuser b/c Police Seized His Cash​

Oct 9, 2023

12:41
 
Institute for Justice - Press Release said:
October 31, 2023

On Tuesday morning, the Indiana Supreme Court ruled unanimously that civil-forfeiture defendants in the Hoosier State have the right to a trial by jury. In recent decades, prosecutors across Indiana had resisted efforts by property owners to have their civil-forfeiture cases heard by a jury of their peers.

Applying the Indiana Constitution, the state high court today set things straight, holding that property owners “in an action brought under Indiana’s civil forfeiture statute ha[ve] a constitutional right to trial by jury.” The court reasoned that “the historical record… strongly suggests that Indiana continued the common-law tradition of trial by jury in actions for in rem forfeiture of property.” And because Indiana’s system of civil forfeiture “is readily analogous to the traditional common-law forfeiture of property used in violation of the law,” Indiana’s constitution guarantees the right to a jury trial.

“Today’s decision vindicates a fundamental constitutional guarantee,” said Institute for Justice Senior Attorney Sam Gedge, who argued the appeal before the Indiana Supreme Court. “The right to a trial by jury of our peers is core to our system of justice. And for centuries, courts across the nation have confirmed the obvious: when the government sues to forfeit your property, you’re entitled to make your case to a jury.”
...
Click to expand...


It's something I guess.
 
^^^^^^
Civil forfeiture defendants in Indiana have the right to a jury trial, the state's Supreme Court unanimously ruled last week, bolstering basic due process protections for those who have assets seized by law enforcement.

Before the court was the case of Alucious Kizer, from whom police seized $2,435 in cash after a traffic stop where they found drugs in his vehicle. Civil forfeiture allows law enforcement to take people's assets if the government suspects them of criminal activity. Kizer moved to challenge his forfeiture at trial, which the Indiana Court of Appeals rejected, ruling that such defendants "are not entitled to trial by jury."

reason.com

Civil forfeiture defendants have the right to a jury trial, says the Indiana's Supreme Court

That prosecutors in Indiana successfully denied people this due process is an indictment of how unaccountable civil forfeiture is.
reason.com reason.com
 

Indiana’s Top Court Adds More Due Process To Forfeiture, Says A Jury Needs To Be Part Of The Process​

Thu, Nov 16th 2023 12:51pm - Tim Cushing

The courts in Indiana have made significant moves in recent years to do what the legislature won’t: limit asset forfeiture abuse.

A case that made its way from Indiana’s Supreme Court to the US Supreme Court ended with a declaration that certain forfeitures violated constitutional protections against excessive fines. In that case, Tyson Timbs was arrested after selling $260 of heroin to undercover cops. For that offense, his $42,000 Land Rover was seized. The consecutive courts reached the same conclusion: seizing a $42,000 vehicle for a crime tied to a maximum fine of $10,000 was “excessive.” And that’s a violation of the Fourteenth Amendment.

And that’s on top of another federal court decision that found the state’s seizure of vehicles for real (or imagined) crimes also violated the Constitution. In this case, the problem was the process, which allowed law enforcement to take its time processing the forfeiture while denying property owners any attempt to regain their property until the government was done screwing around.

www.techdirt.com

Indiana’s Top Court Adds More Due Process To Forfeiture, Says A Jury Needs To Be Part Of The Process

The courts in Indiana have made significant moves in recent years to do what the legislature won’t: limit asset forfeiture abuse. A case that made its way from Indiana’s Supreme Court t…
www.techdirt.com www.techdirt.com
 
On Tuesday, Ameal Woods and Jordan Davis—a Mississippi couple that lost their life savings on the side of I-10 after Harris County officers seized their cash and sent them on their way—got the news they have waited more than a year to hear. Harris County District Court Judge Robert Schaffer issued an order rejecting the county’s claim of immunity and allowing their constitutional challenge to proceed.

“We are incredibly grateful to be able to proceed with our case,” said Ameal Woods, a commercial truck driver represented by IJ in his fight. “I’m glad that, after all I’ve been through, the truth will prevail. Carrying cash is not a crime.”

ij.org

Forfeiture Victims Win First Round in Class Action Lawsuit Challenging Harris County’s Seizure and Civil Forfeiture Practices - Institute for Justice

On Tuesday, Ameal Woods and Jordan Davis—a Mississippi couple that lost their life savings on the side of I-10 after Harris County officers seized their […]
ij.org ij.org

Judge Lets Civil Asset Forfeiture Class Action Proceed​

 
searcher said:
... In March 2021, the FBI raided US Private Vaults. The warrant authorizing the raid directed officers to focus on US Private Vaults, the business, and specifically stated that it did not authorize a criminal search or seizure of the contents of the individual safe deposit boxes. When it came to the boxholders, the FBI promised the judge that it would “preserve the property for safekeeping” until it could be safely returned to the rightful owners.
...
Click to expand...

Ninth circuit court of appeals hears this case tomorrow:

reason.com

FBI seized $86 million from people not suspected of any crime. A federal court will decide if that's legal.

A federal appeals court will be asked Thursday whether the FBI's seizure of the contents of nearly 1,400 safe deposit boxes violated the Fourth Amendment.
reason.com reason.com
 

Overhaul of Civil Asset Forfeiture is Making Progress in Congress​

Dec 11, 2023


12:55

Let your legislators know how you feel about this!
 
Here's the Atlanta News report he talks about:

www.atlantanewsfirst.com

Congress tries to stop “rotten to the core” cash seizures

Democrats and Republicans want to make it harder for your cash to be seized at airports.
www.atlantanewsfirst.com www.atlantanewsfirst.com

FAIR act mentioned in this thread (starting) at post #81:

www.pmbug.com

Civil Asset Forfeiture

Apparently the FAIR Act (H.R. 1525) is supposed to be considered by the House Judiciary committee today. https://www.congress.gov/bill/118th-congress/house-bill/1525
www.pmbug.com www.pmbug.com
 
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