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We Call on Congress to Pass the FAIR Act
May 4, 2023–Due Process Institute joined a coalition of organizations from across the ideological spectrum to urge Congress to pass H.R. 1525, the Fifth Amendment Integrity Restoration Act (FAIR Act), a bill that will reform our federal civil asset forfeiture system.
The FAIR Act is necessary because the current law of civil asset forfeiture allows the federal government to seize—and keep—cash, cars, homes and other property that law enforcement merely suspects is related to criminal activity. The government need not ever charge the property owner with a crime, much less secure a conviction, for it to seek forfeiture, and the procedural deck is stacked against private citizens who challenge the government. This
system is unjust on its face, has a disproportionate impact on poor and otherwise disadvantaged communities, and undermines public respect for law enforcement.
The FAIR Act attacks this improper financial incentive in two important ways. First, it directs all federal forfeiture proceeds to the General Fund of the U.S. Treasury so that Congress can appropriate those monies as it sees fit. Second, the bill ends the “equitable sharing” program that enables state and local law enforcement to evade their state legislatures’ limits on state-level forfeiture—limits that may include, for example, higher burdens of proof, more equitable procedural rules, or a requirement that proceeds go only to the general treasury—by “partnering” with federal law enforcement in exchange for a “cut” of forfeiture proceeds. The FAIR Act will close this loophole that undermines hard-won state legislative reforms.
We Urge Congress to Reform Civil Forfeiture
March 15, 2021–Due Process Institute joined a bipartisan coalition calling for Congress to curb law enforcement’s power to use and abuse the practice of civil forfeiture by enacting strong reforms. With civil forfeiture, law enforcement can seize property from innocent property owners, and those innocent owners can permanently lose it to the government, without the government ever charging, much less convicting, them of a crime. It also utilizes improper financial incentives while also possessing serious procedural deficiencies that undermine the due process rights of property owners. The use of civil forfeiture is opposed by the majority of Americans, promotes negative interactions between police and communities, and does not help law enforcement in their mission.
DPI Praises FAIR Act Introduction by Senators Paul, King, Crapo, and Lee
July 17, 2020–Due Process Institute has been working for years to advance reforms of civil asset forfeiture at the federal level. We are encouraged that leaders in the United States Senate are reiterating the need for important reforms by reintroducing the Fifth Amendment Integrity Restoration (FAIR) Act. This legislation complements these other efforts by adding key provisions that will end administrative forfeiture, which allows federal agencies to take property from innocent property owners without the due process protections available in our federal court system.
Due Process Institute Endorses the FAIR Act
March 27, 2019–Due Process Institute is endorsing the FAIR Act, H.R. 1895, co-sponsored by Republican Reps. Tim Walberg, Tom McClintock, and Thomas Massie, and Democrat Reps. Jamie Raskin, Tony Cardenas, and Bobby Rush. The FAIR Act protects Americans against civil asset forfeiture practices that deprive citizens of their property without proper legal processes.
“The FAIR Act restores basic due process rights that have been undermined for decades because of abusive civil asset forfeiture practices. These meaningful reforms have been supported by policymakers and advocates on both sides of the aisle, and we are proud to count ourselves in that group,” said Shana O’Toole, President of Due Process Institute.
“These are sensible, impactful reforms, and we look forward to advancing the FAIR Act to the President’s desk.”