g5000
Diamond Member
- Nov 26, 2011
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Law enforcement has been running amok, abusing asset forfeiture laws to confiscate the property of American citizens.
Two bills are now before the House and Senate to rein in this abuse.
The House version was submitted by Republican Congressman Tim Walberg of Michigan: H.R. 5212.
Walberg has a reputation as being a strong religious conservative.
Over in the Senate, Rand Paul has introduced the Fifth Amendment Integrity Restoration (FAIR) Act: FAIR Act.
Two bills are now before the House and Senate to rein in this abuse.
The House version was submitted by Republican Congressman Tim Walberg of Michigan: H.R. 5212.
Under current law, agencies like the Internal Revenue Service (IRS) and Department of Justice (DOJ) may take property suspected to be in connection with a crime without charging, let alone convicting, the property owner of a crime. The Federal Asset Forfeiture Fund collected more than $2 billion in 2013 from civil and criminal forfeitures policy.
H.R. 5212 was introduced in direct response to several recent stories involving innocent property owners having their property seized by federal officials. In Michigan, a longtime grocer, Terry Dehko, had his bank accounts seized by IRS because they suspected him of being a money launderer. The charges were never filed but Mr. Dehko had to prove that his money was not used in a criminal enterprise.
This legislation provides commonsense reforms to restore the balance of power away from the government and back to protecting individual rights and due process. We cannot abide a system where citizens fear that law enforcement can seize, forfeit and profit from their property, Walberg stated.
Walberg has a reputation as being a strong religious conservative.
Over in the Senate, Rand Paul has introduced the Fifth Amendment Integrity Restoration (FAIR) Act: FAIR Act.
The FAIR Act would change federal law and protect the rights of property owners by requiring that the government prove its case with clear and convincing evidence before forfeiting seized property. State law enforcement agencies will have to abide by state law when forfeiting seized property. Finally, the legislation would remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.
"The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime," Sen. Paul said.