Civil Asset Forfeiture Reform
FAIR Act
Civil asset forfeiture has been used by law enforcement to seize and profit off property that may or may not be tied to criminal activity. Although it acts as an important tool for law enforcement, the federal civil asset forfeiture program has become too easy to abuse, with the government seizing a citizen’s private property, in some cases, without criminal charges ever being brought. It is time to reinstate vigilant oversight of this program to restore the presumption of innocence. The proceeds have grown rapidly. In 1986 the federal Asset Forfeiture Fund took in $93.7m; by 2019 annual deposits exceed $2 billion. Additional safeguards must be implemented to ensure that property is not seized and forfeited from innocent citizens without due process.
To limit government overreach and restore citizens’ constitutional rights, I introduced bipartisan legislation, H.R. 1525, Fifth Amendment Integrity Restoration (FAIR) Act. H.R. 1525 would:
- Raise the level of proof necessary for the government to seize property
- Reforms the IRS structuring to protect innocent small business owners
- Increase transparency of civil forfeiture proceeds and oversight
- Ensure forfeiture victims’ fair access to courts
- Prevents evasion of state forfeiture laws
The FAIR Act has received strong support from a broad coalition of organizations. To learn more, click here.
Videos:
Fall 2023 - Gray TV
- IN PLANE SIGHT: Departure From Justice
- IN PLANE SIGHT: Life Savings
- IN PLANE SIGHT: Seized at The Gate
- IN PLANE SIGHT: Racial Profiling
10/4/2023 - WCNC | 'It needs to be stopped' | Mint Hill PD's $69K seizure cited as reason civil asset forfeiture law needs reform
6/18/2023 - WLNS | Walberg's Civil Asset Forfeiture Overhaul Advances
6/14/2023 - House Judiciary Committee | Markup of H.R. 1525, FAIR Act
6/6/2023 - House Judiciary Subcommittee on the Constitution and Limited Government | Government Litigation and the Need for Reform
4/2/2023 - Forbes Breaking News | ‘Your Property Is Guilty Until Proven Innocent'!
4/2/2023 - Forbes Breaking News | 'To Me It Seems Common Sense': Rep. Walberg On Why Bipartisan FAIR Act 'Hasn't Been' An Easy Sell
Related News:
11/06/2023 - Townhall | Congress Has an Opportunity to Stop the Government’s Civil Asset Forfeiture Racket
9/12/2023 - Michigan Public Radio | Rep. Tim Walberg pushes for civil asset forfeiture reform at the federal level
9/05/2023 - The Detroit News | Sheriffs, Michigan congressman at odds over bill to limit power to seize property
8/24/2023 - The Epoch Times | Civil forfeiture: How the Government makes billions by taking Americans’ private property
8/05/2023 - The National Review | The Government Shouldn't be Allowed to Steal Your Property
7/06/2023 - Washington Post Opinion: Finally, Congress might act on an unfair law enforcement practice
6/23/2023 - Washington Post | Bipartisan panel votes to limit police power to seize property
6/14/2023 - Reason | Congress Considers Conditions on the Government's License To Steal
6/07/2023 - New York Sun | Bill to Rein in Runaway Civil Asset Forfeiture Gains Steam in the House
4/28/2023 - Americans for Tax Reform | Civil Asset Forfeiture Is Still a Problem at the Federal & State Level
3/23/2023 - Fox News | The FBI took a woman's life savings, but a new bill would end the 'lawless' seizure of Americans' property
3/20/2023 - Competitive Enterprise Institute | Legislation Introduced to Curb Federal Forfeiture
3/19/2023 - Forbes | Bipartisan Bill In Congress Would End “Nonjudicial” Civil Forfeiture
3/18/2023 - BizPac Review | LA woman says FBI took her life savings. Now she’s raising awareness while trying to get it back
3/15/2023 - Financial Regulation News | Reps. Raskin, Walberg introduce bill to reform civil forfeiture laws
3/14/2023 - Forbes | The FBI Took Her Life Savings But Won’t Say What She Did Wrong
3/14/2023 - Adrian Daily Telegram | U.S. Rep Tim Walberg reintroduces bill to curtail civil asset forfeiture
3/11/2023 - The New York Sun | New Bill Would Curb Law Enforcement’s Use of ‘Civil Forfeiture’ To Seize Assets
11/12/2022 - National Review | Civil Asset Forfeiture Laws: Why They’re Wrong
10/7/2022 - Mackinac Center for Public Policy | ‘How is this policy tough on crime if they’re not charging people with crimes?’
Op-eds:
The Hill: Ending state-sanctioned theft to preserve police legitimacy
Fox News: Government can legally steal billions of dollars from citizens. Here's how Congress can help stop it
Detroit Free Press: States have changed forfeiture laws, now it's the federal government's turn
Lansing State Journal: Innocent until proven guilty? Not quite
CNN: How feds can legally steal your money