Booker, Paul Introduce Bipartisan FAIR Act to Reform Civil Forfeiture Laws, Protect Americans’ Rights

WASHINGTON, D.C. - Today, U.S. Senators Cory Booker (D-NJ) and Rand Paul (R-KY) introduced the Fifth Amendment Integrity Restoration (FAIR) Act to reform civil forfeiture laws and protect Americans' rights from government abuse.

"Civil asset forfeiture allows federal law enforcement to seize the property of Americans who haven't even been charged with or convicted of a crime," said Senator Booker. "Under this system, police can keep cash, cars, and even homes based on mere suspicion of a crime. These losses often become law enforcement's profit because the burden is on the property owner to prove they should get their property back. Reforming federal civil asset forfeiture is long overdue and the FAIR Act will ensure due process and protect the public from unfair deprivations and forfeiture abuses."

"The government should never have the power to seize a person's property without due process. Yet, under current civil asset forfeiture laws, Americans are being stripped of their property without ever being charged or convicted of a crime. The FAIR Act directly addresses these injustices and is a critical step toward restoring fairness and accountability, protecting property owners' rights, and curbing the weaponization of civil forfeiture laws once and for all," said Dr. Paul.

Civil forfeiture laws present a threat to the rights of all property owners in the United States. These laws authorize the government to seize property based on the mere suspicion that it may be connected to criminal activity. No charges or conviction are required and, once property is seized, owners must navigate the confusing and expensive legal system to win it back. Worst of all, unlike criminal cases where the accused is afforded certain rights, such as the right to counsel, civil forfeiture cases are brought against the property itself and the government usually faces a lower evidentiary threshold, meaning the deck is stacked against the property owner.

By passing the Fifth Amendment Integrity Restoration (FAIR) Act, Congress can decisively remedy this unjust system by providing strong due process protections to property owners.

The latest version of the FAIR Act closely mirrors previous versions of the bill, with updates to reflect changes made by the House Judiciary Committee during a markup on June 14, 2023. The bill was favorably reported out of committee by a unanimous 26-0 vote, signaling broad bipartisan support and increasing the likelihood of legislative progress. In the Senate, the FAIR Act is currently cosponsored by U.S. Senators Ron Wyden (D-OR), Chris Van Hollen (D-MD), Mike Lee (R-UT), Angus King (I-ME), Mike Crapo (R-ID), Cynthia Lummis (R-WY).

The FAIR Act would:

• Eliminate "Equitable" Sharing: The "equitable" sharing program allows state law enforcement officers to turn seized property over to federal officials for forfeiture - and get up to 80% of the proceeds of the forfeited property. The FAIR Act ends "equitable" sharing and ensures that law enforcement cannot ignore state law.
• Remove the Profit Incentive: Law enforcement should be motivated by public safety, not financial rewards. The FAIR Act would restore the rule in which the proceeds of forfeiture go to the Treasury's General Fund, where Congress can appropriate the money for any purpose.
• Restore Principle of "Innocent Until Proven Guilty": Under current law, federal law enforcement agencies may take property suspected of involvement in crime without charging the property owner with a crime. The FAIR Act places on the government the burden to show that a property owner consented or was willfully blind to his property being used in a crime by a third party.
• Require Clear and Convincing Evidence: The FAIR Act would require that the government prove its case by the higher standard of clear and convincing evidence, instead of the current preponderance of the evidence standard that the property was used for an illegal purpose.
• Protect the Right to Counsel: Under current law, defendants receive appointed counsel due to indigency only if (1) they request it, and (2) their home has been seized. The FAIR Act would ensure that indigent owners can receive, at the discretion of the court, representation in civil forfeiture proceedings.
• Reform IRS Seizures: The FAIR Act requires that the IRS prove that the defendant knowingly deposited funds with criminal intent before they can seize the property. It also requires that a probable cause hearing be held no later than 14 days after the IRS seizes funds under the pretense of a structuring violation.
• Enact Strong Reporting Requirements: Requires the Attorney General to report on deposits made to the Treasury Fund, and that such report shall indicate the state, type of forfeiture, and provide details to specifically identify which funds were obtained from civil forfeiture and which funds were acquired from criminal forfeiture.
• Abolish Administrative Forfeitures: Administrative forfeitures happen automatically when property owners fail to challenge a seizure in court for any reason, including the inability to afford a lawyer or a missed deadline to file a claim. The seized property is simply presumed "guilty" without a neutral arbiter such as a judge determining whether it should be permanently taken from its owner. According to the Institute for Justice, administrative forfeitures account for 88 percent of all forfeitures. This provision would effectively force the government to go to court to keep property it has seized.

The FAIR Act is also supported by:

"Civil forfeiture is an abomination and reform is long overdue," said Dan Alban, Senior Attorney for Institute for Justice. "The FAIR Act makes important strides by removing the profit incentive that drives so many of these abuses, preventing evasion of state law protections for property owners by ending the federal 'equitable sharing' program, and by ensuring that every property owner gets their day in court before a neutral judge by eliminating administrative forfeitures. It is urgent that Congress pass the FAIR Act."

"At present, the government may seize, and ultimately keep, a person's belongings based on allegations of a connection to criminal activity without ever taking the next logical step of pursuing a criminal charge, much less securing a criminal conviction," said Brett Tolman, Executive Director of Right On Crime and former U.S. Attorney. "As a result, innocent citizens have lost their homes, cars, and life savings over a mistake or, worse yet, through the malice or indifference of a government official without requiring the government to justify the taking."

"My family has experienced firsthand the devastating consequences of government overreach through the IRS's abuse of power," said Savannah Chrisley, CPAC Senior Fellow for Criminal Justice Reform. "The FAIR Act is a critical step toward restoring accountability and protecting innocent citizens from unjust seizures. By eliminating profit incentives and ensuring due process, this legislation addresses a fundamental violation of our rights and provides much-needed safeguards against these egregious abuses. I urge Congress to pass the FAIR Act to prevent other families from enduring the same injustices."

"Republicans and Democrats alike have, for years, recognized civil asset forfeiture as one of the most egregious forms of government overreach. Nearly 30 years ago, then-Congressman Henry Hyde authored a book about the abuse of civil asset forfeiture. He wrote, 'Increased government and police powers, rising criminal activity and violence, popular anxiety about drug use - all have become justifications for curtailing the application of the Bill of Rights and the individual security it once guaranteed.' Many states have passed civil asset forfeiture reform laws to protect individuals from abuse of this tool, but Congress hasn't yet acted. Senator Paul's FAIR Act provides that opportunity. We urge all senators to cosponsor the FAIR Act and restore the Constitutional guarantees of the Fifth Amendment,"said Jason Pye, Vice President of Due Process Institute.

"NFIB thanks Senator Paul for reintroducing this important legislation to protect small business owners from unjust asset seizures. The federal government should not be allowed to seize business owners' property without evidence of wrongdoing. Small business owners are constantly navigating numerous burdensome federal rules and regulations - spending time proving their own innocence without ever being charged for a crime should not be another burden on their plate," said Andrea McGee, Principal of Federal Government Relations at National Federation of Independent Business.

"The Fifth Amendment Integrity Restoration Act (FAIR Act) is vital legislation that seeks to restore fundamental constitutional protections by reforming the federal civil asset forfeiture process, a system that too often undermines trust in law enforcement and the rule of law. Civil asset forfeiture, in its current form, allows government agencies to seize property based on mere suspicion of its involvement in criminal activity-without charging or convicting the owner of a crime. This practice erodes public confidence in our justice system. By raising the evidentiary standard for seizures and providing better transparency and accountability, the Act helps ensure that the practice of asset forfeiture aligns with the Constitution and public expectations of justice. For these reasons, we are happy to support this legislative effort, and we applaud Sen. Rand Paul for his leadership. Restoring legitimacy and trust in law enforcement is not a partisan issue rather it is a shared priority for all who believe in the foundational principles of fairness and accountability," said Jillian Snider, Policy Director for Criminal Justice and Civil Liberties at the R Street Institute.

"Through civil forfeiture, the federal government seizes billions of dollars in money and property each year without ever seeking a criminal conviction. Victims of forfeiture don't have to be found guilty of a criminal offense in court, and most of them never see the inside of a courtroom. Civil forfeiture, in its current form, is without due process and basic fairness. Senator Paul's Fifth Amendment Integrity Restoration (FAIR) Act would do much to fix the broken system of civil forfeiture. The bill would help restore the principle of "innocent until proven guilty" by shifting the burden rightly back onto the government to prove one's money or property was used in criminal activity. It would also protect the right to counsel, improve transparency, remove government's incentives for civil forfeiture, and eliminate the pernicious "equitable sharing program" by which federal law enforcement is able to ignore and circumvent state laws that limit or prevent civil forfeiture. Those who need the protections of the law when government agents threaten to forfeit their property are not always the most popular, influential, or politically powerful members of their community. Senator Paul's leadership in this space to help protect the property rights of all is commendable and greatly appreciated," said Dan Greenberg, General Counsel for Competitive Enterprise Institute.

"No American should have to worry about the government unjustly seizing their property, but current law allows law enforcement to "arrest" property now and ask questions later. The FAIR Act strengthens due process protections for innocent property owners and removes the financial incentives policymakers have created for law enforcement to unjustly seize cash, cars, and even houses from individuals who haven't been charged with a crime. Civil asset forfeiture denies Americans their constitutionally guaranteed presumption of innocence, leaving them with few options to recover their property, while encouraging law enforcement agencies to use the proceeds to fund their activities. 30 states and the District of Columbia have acted to rein in civil asset forfeiture abuse, and we applaud Sen. Paul for working to solve the problem at the federal level," said Greg Glod, Senior Policy Fellow at Americans for Prosperity.

You can read the FAIR Act here.

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