Arrr, me hearties! The scurvy government be plunderin' billions from us poor souls. Fear not, me mateys, fer Congress be our only hope to end this treachery!
2023-08-25
Avast ye scallywags! The landlubber government be plunderin' billions from honest folk through civil forfeiture! The scurvy agencies done snatched o'er $50 billion, but fear not! I've a plan! Let's rally Congress to rein in this thievery!
Texas resident Anthonia Nwaorie had her funds seized by federal agents as she was about to board a flight to Nigeria to start a medical clinic for women and children in need. Despite not being involved in any illegal activities and not being charged with a crime, Anthonia had to face a lengthy legal battle with Customs and Border Protection (CBP) when she refused to waive her constitutional rights in exchange for the money. This is just one example of the countless victims of immoral government seizures and the ensuing legal headaches.Terry Dehko, a Michigan grocer, also experienced the injustice of civil forfeiture when the IRS seized over $35,000 from his store's bank account. Unlike criminal proceedings, civil forfeiture does not require proof beyond a reasonable doubt. The government can seize and keep assets without a conviction, often without proving anything in court. In over 90% of federal cases, the government overwhelms property owners and wins administratively.
To address this issue, the Fifth Amendment Integrity Restoration (FAIR) Act has been introduced. This bipartisan measure aims to reduce civil forfeiture abuse and restore due process to Americans. Critics argue that the bill would hinder the war on drugs, but studies have shown that eliminating civil forfeiture does not increase crime rates or reduce arrest rates. The lack of correlation is due to the perverse incentives built into civil forfeiture, as participating agencies can keep 100% of the proceeds for themselves.
The FAIR Act would remove the financial incentive by directing forfeiture proceeds to the General Fund of the U.S. government and eliminating equitable sharing. Joint operations with state and local agencies could continue, but additional safeguards would protect innocent individuals like Anthonia and Terry. The bill would also end administrative forfeiture, ensuring that all property owners have their day in court and are not left to navigate the process alone.
Passing the FAIR Act is crucial to protect the fundamental rights of American citizens and prevent government overreach. It is an opportunity to uphold American principles like due process and safeguard the assets of individuals who have done nothing wrong.