How over 200 Civil Asset Forfeiture laws enable police to confiscate
your home, bank accounts & business without trial.
by Jarret Wollstein
Suspicion of offenses which, if proven in court, might result in a $200 fine or probation, are being used to justify seizure of tens or even hundreds of thousands of dollars worth of property. Totally innocent Americans are losing their cars, homes and businesses, based on the claims of anonymous informants that illegal transactions took place on their property. Once property is seized, it is virtually impossible to get it back.
Property is now being seized in every state and from every social group. Seizures include pocket money confiscated from public-housing residents in Florida; cars taken away from men suspected of soliciting prostitutes in Oregon; and homes taken away from ordinary, middle class Americans whose teenage children are accused of selling a few joints of marijuana. No person and no property is immune from seizure. You could be the next victim. Here are some examples:
In Iowa, "a woman accused of shoplifting a $25 sweater had her $18,000 car – specially equipped for her handicapped daughter – seized as the ‘getaway vehicle’." [USA Today, 5/18/92]
Detroit drug police raided a grocery store, but failed to find any drugs. After drug dogs reacted to three $1.00 bills in the cash register, the police seized $4,384 from cash registers and the store safe. According to the Pittsburgh Press, over 92% of all cash in circulation in the U.S. now shows some drug residue.
In Monmouth, New Jersey, Dr. David Disbrow was accused of practicing psychiatry without a license. His crime was providing counselling services from a spare bedroom in his mother’s house. Counselling does not require a license in New Jersey. That didn’t stop police from seizing virtually everything of value from his mother’s home, totalling over $60,000. The forfeiture squad confiscated furniture, carpets, paintings, and even personal photographs.
Kathy and Mark Schrama were arrested just before Christmas 1990 at their home in New Jersey. Kathy was charged with taking $500 worth of UPS packages from neighbors’ porches. Mark was charged with receiving stolen goods. If found guilty, they might have paid a small fine and received probation. The day after their arrest, their house, cars and furniture were seized. Based upon mere accusation, $150,000 in property was confiscated, without trial or indictment. Police even took their clothing, eyeglasses, and Christmas presents for their 10-year-old son.
How extensive are seizures in America today? The Washington Post has reported that the U.S. Marshals Service alone had an inventory of over $1.4 billion in seized assets, including over 30,000 cars, boats, homes and businesses. Federal and state agencies seizing property now include the FBI, the DEA, the U.S. Marshals Service, the Coast Guard, the IRS, local police, highway patrol, the Department of Housing and Urban Development, FDA, and the Bureau of Land Management. Asset forfeiture is a growth industry. Seizures have increased from $27 million in 1986, to over $644 million in 1991 to over $2 billion today.
Civil asset forfeiture defines a new standard of justice in America; or more precisely, a new standard of injustice. Under civil seizure, property, not an individual is charged with an offense. Even if you are a totally innocent owner, the government can still confiscate your ‘‘guilty’’ property.
If government agents seize your property under civil asset forfeiture, you can forget about being innocent until proven guilty, due process of law, the right to an attorney, or even the right to trial. All of those rights only exist if you are charged with a criminal offense; that is, with an offense which could result in your imprisonment. If you (or your property) are accused of a civil offense (offenses which could not result in your imprisonment), the Supreme Count has ruled that you have no presumption of innocence, no right to an attorney, and no protection from double jeopardy.
Seizure occurs when government takes away your property. Forfeiture is when legal title is permanently transferred to the state. To get seized property returned, you have to fight the full resources of your state or federal government; sometimes both! You have to prove your property’s "innocence" by documenting how you earned every cent used to pay for it. You have to prove that neither you nor any of your family members ever committed an illegal act involving the property.
To get a trial, you have to post a non-refundable "bond" of 10% of the value of your property. You have to pay attorney fees – ranging from $5,000 to over $100,000 – out of your own pocket. Money you pay your attorney is also subject to seizure (either before or after the trial) if the government alleges that those funds were "tainted". And you may be forced to go through trial after trial, because under civil seizure the Constitutional protection against "double jeopardy" doesn’t apply. Once your property is seized, expect to spend years fighting government agencies and expect to be impoverished by legal fees – with no guarantee of winning – while the government keeps your car, home and bank account.
In fact, in a recent Supreme Court decision (Bennis v. Michigan), the Court said explicitly that innocent owners can be deprived of their property if it's used to facilitate a crime, even without the owner's knowledge or consent. That means you can now lose your home or business because of the action of employees, relatives, or guests, over whom you have absolutely no control.
Police and prosecutors have incentive to confiscate as much as possible.
Not only do police and prosecutors have the power to seize anything you own on the slightest pretext, they also have the incentive. The dirty little secret of the forfeiture racket is that police, prosecutors and judges can benefit personally by stealing your property.
Brenda Grantland – America’s leading asset forfeiture defense attorney – gives these examples of government greed in her book Your House Is Under Arrest:
Warren County, NJ. The assistant chief prosecutor drives a confiscated yellow Corvette.
Little Compton, RI. The seven member police force received $3.8 million from the federal forfeiture fund, and spent it on such things as a new 23-foot boat with trailer, and new Pontiac Firebirds.
Why do our courts tolerate these outrageous legalized thefts? Because they get their cut. It's completely legal for confiscated property to be used by police, prosecutors and judges, so long as it's for official business. In 1996, a federal district court even ruled that police can personally receive 25% of the value of any confiscated home, car, or business.
Some police will kill you for your property
In Malibu, California, park police tried repeatedly to buy the home and land of 61-year-old, retired rancher Don Scott, which was next to national parkland. Scott refused. On the morning of October 2, 1992, a task force of 26 LA county sheriffs, DEA agents and other cops broke into Scott's living room. When he heard his wife, Frances, scream, he came out of his upstairs bedroom with a gun over his head. Police yelled at him to lower his gun. He did, and they shot him dead.
Police claimed to be searching for marijuana
which they never found. Ventura County DA Michael Bradbury concluded that
the raid was "motivated at least in part, by a desire to seize and forfeit
the ranch for the government . . . [The] search warrant became Donald Scott’s
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