States Begin To Examine Civil Asset Forfeiture

Yesterday Hot Air posted an article about a move in Texas to abolish Civil Asset Forfeiture. I have written about this procedure in the past (here, here, and here). One of the most common examples of Civil Asset Forfeiture occurs when the government accuses a small business owner of making multiple deposits of less than $10,000 in order to avoid federal regulations that track such deposits. The law has been used to take assets away from small business owners with little regard for their Constitutional rights. The assets seized can be sold and the money used to shore up local budgets. Needless to say, there is a lot of temptation there for some local governments. A few states have taken action to limit these forfeitures. Texas is now joining them.

The article reports:

Texas is looking to become the third state in the last year to abolish civil asset forfeiture, and replace it with criminal asset forfeiture. State Senator Konni Burton filed a bill last month which requires a felony conviction before law enforcement can gobble up someone’s property. It’s a major step in Texas’ fight for justice reform which has saved the state $3B (while crime rates are at record lows).

…There’s just one problem…the asset forfeiture laws are being misapplied in cases where people who are not convicted of crimes, end up losing their property because prosecutors and police believe they “may have” been involved in/had knowledge of a crime. A Philadelphia family was forced out of their home because their son was arrested on drug charges, even though it didn’t appear they knew what the 22-year-old was doing. A Texas man had over 53-thousand dollars in cash donations for an orphanage and school seized after he was pulled over in Oklahoma.

The home and money were eventually returned to their rightful owners after the cases got a ton of press. But Right on Crime Deputy Director Derek Cohen points out media attention doesn’t always happen, because the numbers aren’t really sexy (emphasis mine).

Ordinary citizens trying to run a business and live their lives should not have to worry about a government that almost arbitrarily can take their assets. It is good to see Texas moving in the right direction. Hopefully now the federal government will follow suit.

 

Why Would Anyone Trust This Man?

The U. S. Marshals Service posted an announcement on Friday that reads:

For Immediate Release Contact:
September 20, 2013 Lynzey Donahue, U.S. Marshals Service (202) 307-9075
U.S. Marshals Service Cancels Current Auction of Jesse Jackson, Jr., Assets
Washington – The U.S. Marshals Service today cancelled the auction of forfeited assets from the Jesse Jackson, Jr., case before the U.S. District Court for the District of Columbia. After receiving legitimate concerns about the authenticity of the guitar purportedly signed by Michael Jackson and Eddie Van Halen and out of an abundance of caution, the Marshals Service will conduct a secondary review of all the assets. Once the review is complete, a decision will be made whether to repost any assets for sale by auction. The Marshals Service takes its responsibility to fulfill the asset forfeiture mission very seriously,” said Kim Beal, acting assistant director for the Asset Forfeiture Division of the U.S. Marshals Service. “Because new information has come to light, we are taking additional steps to review all the items. It is our practice to be diligent about all matters relating to the management and sale of assets.”Jackson pleaded guilty in February to conspiring to commit mail and wire fraud and to making false statements. He admitted that he defrauded his re-election campaigns of about $750,000 in funds that were used to pay for personal items and expenses. Net proceeds from the sale of the auctioned assets were to be used to help satisfy the $750,000 money judgment imposed by the court as part of Jackson’s sentence.

More information on the case:
http://www.fbi.gov/washingtondc/press-releases/2013/former-congressman-jesse-l.-jackson-jr.-sentenced-to-30-months-in-prison-for-conspiring-to-defraud-campaign

The U.S. Marshals Service is responsible for managing and selling seized and forfeited properties acquired by federal criminals through illegal activities. Proceeds generated from asset sales are used to compensate victims, supplement funding for law enforcement initiatives and support community programs. As part of the Department of Justice’s Asset Forfeiture Program, the Marshals currently manage more than 23,000 assets with a value of $2.4 billion.

Additional information about the U.S. Marshals Service can be found at http://www.usmarshals.gov.

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