FEAR-List Bulletin posted by Carl Reimann, 3/27/98

A major battle between the Department of Justice and House Judiciary Chairman Henry Hyde over a bill for civil asset forfeiture reform may occur before the Easter recess. Last June, after four years of work on the issue, Hyde introduced H.R. 1835, which would have given those who have their assets seized by government agencies more protections against abuse and improper seizure. Government estimates indicate that one out of every ten seizures is conducted against an innocent party.

In committee, however, the 19-page bill was gutted of all its protections and replaced by a 65-page Department of Justice version, H.R. 1965, which would give law enforcement even greater powers to seize assets of those not charged or convicted of crimes. The need for substantive asset seizure reform is desperately needed.

As Jarrett Wollstein writes in his book, The Looting of America, "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 a 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, the Supreme Court has ruled that you have no presumption of innocence, no right to an attorney, and no protection from double jeopardy."

He continues: "Asset forfeiture was virtually unheard of until 1984, when Congress overhauled the federal forfeiture laws to give the government incredible advantages over property owners, and began expanding the list of offenses which could trigger forfeiture. Now there are more than two hundred federal offenses which trigger forfeiture, with more being added every day. But the most terrifying aspect of the legislative scheme in the 1984 crime bill was that it allows the seizing police agency to keep the proceeds of property they seize and forfeit. This inherent conflict of interest has lead to greater and greater abuses as the profits generated have risen - to close to a billion dollars a year for the federal government alone."

To make matters worse, most state legislatures are tripping over themselves expanding state forfeiture powers and creating draconian procedures that mirror the federal laws. Massive police lobbying organizations, many of which contribute substantial sums to campaign coffers, vigorously supports these forfeiture expansion bills.

Chairman Hyde is concerned enough about the impact of H.R. 1965, that he has offered the text of his original bill, H.R. 1835, to amend the entirety of the current bill. But apart from the showdown with DOJ over the bill, Hyde also faces Rules Committee Chairman Gerry Solomon, who has vowed that "my conscience cannot allow me to release this bill from Rules (committee)". With opposition from both Rep. Solomon and the DOJ, Hyde's efforts to protect Americans from unconstitutional seizures may languish in the House.

Read the Fourth and Fifth Amendments to the Constitution:
http://www.nara.gov/exhall/charters/billrights/billrights.html

Read H.R. 1965 from THOMAS:
http://thomas.loc.gov/cgi-bin/bdquery/z?d105:HR01965:@@@L

Read Hyde's original bill, H.R. 1835, from THOMAS:
http://thomas.loc.gov/cgi-bin/bdquery/z?d105:HR01835:@@@L