Articles Critically Examining Police and Prosecutor Use (and Abuse) of Forfeiture Laws
Updated August 1, 2014
Are bogus “fraud” and SUA civil forfeiture cases the latest federal forfeiture racket? by Brenda Grantland, Esq., Truth & Justice Blog, 5/5/2014
How our criminal justice system got so out of whack, by Brenda Grantland, Esq., Truth & Justice Blog, 11/22/2013
Muncie, Indiana Muncie Star Press:
Column: Forfeiture practices pre-date McKinney's involvement
Bradenton, Florida: Herald Tribune:
Former prosecutor, officials over saw drug forfeitures, spending
Judge Dailey's 16 page report on McKinney DTF cases (PDF)
University of Texas Education Dept.
Texas Observer
Highway Robbery—One man's painful journey through South Texas' addiction to asset forfeiture, a feature article Austin-based writer Jan Reid.
Muskogee Daily Phoenix editorial:
VA: "Police seize 'drug house'" from innocent buyer, March 25, 2004, link to article
FLORIDA: WHAT a deal - give up your car, don't go to jail!, February 25, 2004, link to article in St. Petersburg Times, St. Petersburg, FL
"This is just another inappropriate use of the state's forfeiture law. ...We don't stipulate seizure as a condition of not being arrested," said Marianne Pasha ...
Government seizes Internet site, assumes domain name - FEAR Foundation Journal, vol. 1 no. 1 (Fall 2003)
Paypal meets Patriot Act - FEAR Foundation Journal, vol. 1 no. 1 (Fall 2003)
College dorm forfeiture? - FEAR Foundation Journal, vol. 1 no. 1 (Fall 2003)
Misappropriated plunder - FEAR Foundation Journal, vol. 1 no. 1 (Fall 2003)
MISSOURI: "Prosecutor Seeks Forfeiture Of Farm, Cars, Cash In Drug Case," December 12, 2003 FEAR-List Bulletin
Justice Department guidelines on "Equitable Sharing" (a/k/a/ "Federal Adoption"), November 20, 2003, link to DOJ website
FLORIDA: "Police are addicted to lure of easy money," August 17, 2003, link to article
PENNSYLVANIA: "Prosecutors want assets of accused gamblers," August 2, 2003 link to article
2002
New Zealand’s "jackbooted firemen" confiscate books - FEAR Foundation Journal, vol. 1 no. 1 (Fall 2003)
Police seize vehicle due to pro-life message - FEAR Foundation Journal, vol. 1 no. 1 (Fall 2003)
Asset Forfeiture Fund slips - FEAR Foundation Journal, vol. 1 no. 1 (Fall 2003)
1997
“Policing For Profit: The Drug War’s Hidden Economic Agenda", published in University of Chicago Law Review. Law Professors Eirc Blumenson and Eva Nilsen explored the transformation of our criminal justice system caused by asset forfeiture incentives in their 1997 legal and empirical analysis
1995
IMAGE: Bar graph showing DOJ's annual income from asset forfeiture -- 1985 - 1994, released by Rep. Henry Hyde at Capitol Hill press conference on HR 1916, June 1995
1994
Drug Enforcement's Double Edged Sword: An Assessment of Asset Forfeiture Programs by Sociologists Mitchell J. Miller and Lance Selva completed the first empirical examination of asset forfeiture in 1994. One of the authors assumed the role of confidential informant in undercover narcotics operations in a southern state during their 12 month empirical examination of the implementation of laws from within the forfeiture program. Their findings “suggest asset forfeiture is a dysfunctional policy. Forfeiture programs, while serving to generate income, prompt drug enforcement to serve functions that are inherently contradictory and often at odds with the demands of justice."
The website, "The Law Mall" has a page that contains a lot of information about forfeiture and defense against "profit-driven" prosecutors. The title of the page is: "Prosecutorial Abuse under State and Federal Forfeiture Laws and What to Do If You Are a Victim of Prosecutor's Forfeiture Abuse". 5/30/03
Michigan's Mackinac Center for Public Policy has released an excellent study entitled "Reforming Property Forfeiture Laws to Protect Citizens’ Rights", by Donald J. Kochan, J. D. Among other reforms, it advocates abolishing forfeiture funds being paid to the seizing agencies and informants, prohibiting federal adoption of state forfeitures, shifting the burden of proof to the government, increased protections for innocent owners and third parties, and requiring police to make public justifications for every forfeiture they pursue.
The Government Bungles Management of Seized Casino, FEAR-List Bulletin posted by Leon Felkins, 4/3/98
Christie's to Auction Diamonds Seized by U.S. Customs Service, FEAR-List Bulletin posted by Leon Felkins, 4/2/98
A Blindfolded Justice Gropes For Purpose, Posted to FEAR-List by Leon Felkins, 3/29/98 (cops profit from forfeitures)
NBC's "Dateline" Wins Top Honors For Its Louisiana Forfeiture Expose, FEAR-List Bulletin posted by Leon Felkins, 3/14/98
Let Us Pray Our Government Doesn't Notice This News Item! FEAR-List Bulletin posted by Leon Felkins, 3/6/98
Forfeiture of Vehicles By Impounding, FEAR-List Bulletin posted by Leon Felkins, 3/5/98
Something Pennsylvanians can do about forfeiture, posted to FEAR-List by Roy Timpe, 2-26-98 (contains statistics for forfeitures in Pennsylvania by county)
The tempation to take ill-gotten public loot is just too much, posted to FEAR-List by Leon Felkins, 2-25-98
Tennessee experiments with seizing private automobiles, posted to FEAR-List by Leon Felkins, 2-10-98
More on "Administrative Seizure" of Driver's Licenses, posted to FEAR-List by Leon Felkins, 2-9-98
Police Take Drivers License on the spot for DUI, posted to FEAR-List by Leon Felkins, 2-8-98
Oakland making use of Bennis decision for increased Forfeiture, posted to FEAR-List by Leon Felkins, 2-6-98
Forfeit Your Profits or Else!, by Leon Felkins, "Rant of the Day" for February 2, 1998 (Leon ponders how much forfeiture costs the government.)
"S.F. Cops Accused of Using Seized Guns: Weapons had been ordered destroyed," by Bill Wallace, San Francisco Chronicle, 1-10-98, page A-20, news clipping summary by Brenda Grantland, posted to FEAR-List 1/10/98.
"Tourist Alert: Louisiana Revenuers", by Leon Felkins, 12/3/97, originally published in PissedOff Magazine. (How the State of Louisiana thought they could hijack travelers on Interstate 10, but then it occurred to them that it might hurt tourism). Part II is here. Appendix.
"Testimony of Eduardo Gonzalez before the United States Senate Committee on Governmental Affairs -- The Asset Forfeiture Program --- A Case Study of the Bicycle Club Casino" (How the government uses its illegally obtained loot, including the operation of a Casino! It is said that they have also operated a Whore House in Nevada. This is a government document.)
The Nicholas Bissell page -- This special page collects all our documents about Nicholas Bissell)
The 1996 Michigan Forfeiture Report, by Tom Flook, Vice President of F.E.A.R.. This is the third year running that Tom has compiled this report, analyzing the forfeiture statistics for Michigan state agencies. Tom obtains the data from Freedom of Information requests and crunches the numbers himself. This page tells how you can do the same kind of audit for your state.
Boston Globe article details misuse of forfeiture revenue, posted by New Jersey FEAR coordinator John Paff, FEAR-List Bulletin 3/21/96
DOJ's Double-Speak Response to Double Jeopardy, F.E.A.R. Chronicles, Vol. 3 No. 2 (March 1996)
New Jersey Forfeiture King Indicted, by Peter Gorman (Somerset N.J. prosecutor Nicholas Bissell Jr. faces 30 counts), F.E.A.R. Chronicles, Vol. 3 No. 2 (March 1996)
California Forfeiture Squads Bemoan "Curtailment" of Civil Asset Forfeiture, F.E.A.R. Chronicles, Vol. 3 No. 2 (March 1996)
Boston Globe article details misuse of forfeiture revenue, posted by New Jersey FEAR coordinator John Paff, FEAR-List Bulletin 3/21/96
Bissell's Accountant Pleads GuiltyFEAR-List Bulletin 4/26/96
"An INS Fable", by New Mexico FEAR coordinator Ralph Binford, FEAR-List Bulletin 3/31/96
Boston Globe article details misuse of forfeiture revenue, posted by New Jersey FEAR coordinator John Paff, FEAR-List Bulletin 3/21/96
Bergen Record (Hackensack, NJ) article shows forfeiture funds squandered on booze, Mr. Peanut and Marilyn Monroe impersonator at state prosecutor conventions, FEAR-List Bulletin 1/12/96
Cops dipping into loot again, by FEAR Board member John Paff, FEAR-List Bulletin 1/7/96
Another New Jersey forfeiture abuse probe, FEAR-List Bulletin, 10/4/95, posted by John Paff
Bissell on Channel 2 in New York, FEAR-List Bulletin, 10/2/95, posted by John Paff
Bissell Indictment Owes Much to Work of John Paff, FEAR-List Bulletin, 9/29/95, posted by Brenda Grantland
Bissell Charges Discussed in Letter from U.S. Attorney's Office, FEAR-List Bulletin, 9/28/95, posted by John Paff
NJ Prosecutor Nicholas Bissell Indicted!, FEAR-List Bulletin, 9/28/95, posted by John Paff
Nicholas Bissell In the News Again, (re: James Giuffre lawsuit), FEAR-List Bulletin, 9/18/95, posted by John Paff
Minnesota police seize $2.1 million in property in 1994, FEAR-List Bulletin, 9/3/95 (news blurb with letter to editor by John Paff)
Prosecutor Suffers Seizure!
F.E.A.R. List Bulletin, 7/8/95 by John Paff, (NJ Prosecutor Nick Bissell may become forfeiture victim himself, thanks to John Paff's relentless pursuit of alleged hanky panky in Bissell's handling of forfeiture funds.)
Forfeiture Quotas/Representative Henry Hyde's forfeiture book, "Forfeiting Our Property Rights" now available FEAR-List Bulletin, 05/05/95, posted by John Paff
San Jose Police Use Forfeiture Funds to Buy High Tech Weapons
F.E.A.R. List Bulletin, 05/05/95, posted by Kathy Bergman
New York Times Magazine Features Article About Forfeiture Abuse,
FEAR-List Bulletin, 12/14/94, by Brenda Grantland, Esq.
New Jersey Prosecutor in Hot Water,
F.E.A.R. List Bulletin, 12/04/94, by John Paff
DOJ Seeks Expanded Forfeiture Powers Disguised As "Reform",
by Judy Osburn, F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994)
NACDL Analyzes Proposed DOJ Forfeiture Act of 1994
(summary of 22-page NACDL report), F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994)
President's Drug Law Commission Recommends State Forfeiture "Reforms"
F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994)
Next Time Better Buy Cough Drops,
by Richard Heffern, F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994) (U.S. Postal Service opens packages that appear to contain prescription drugs. It's illegal to send prescription drugs through the mail.)
Asset Forfeiture Is "Dysfunctional Policy": Empirical Study Finds Forfeiture Negatively Impacts Police Procedure, Forcing Agencies to Subordinate Justice To Profit,
by Judy Osburn, F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994) (report on a study conducted by Mitchell Miller and Lance Selva, which won best paper award for 1994 from Academy of Criminal Justice Research Sciences. The study, "Drug Enforcement's Double-Edged Sword: An Assessment of Asset Forfeiture Programs" tells what Mitch Miller found when he went undercover for a year as an informant for the police in order to study how forfeiture affects police behavior. The paper was published in the June 1994 Justice Quarterly.)
Asset Forfeiture Office Report Still Overdue
by Joseph V.A. Partansky, M.B.A., F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994)
Using the Freedom of Information Act to Document Forfeiture Law Abuses,
by Tom Flook, F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994)
Police Documents Show Forfeitures In Michigan Resemble Curbside Shakedowns,
FEAR Chronicles Vol. 2 No. 1 (Dec. 1993) by Tom Flook
New GAO Studies Released
FEAR Chronicles Vol. 1 No. 5 (Nov. 1992) by Brenda Grantland, Esq.
House Ways & Means Committe Hears GAO Report of IRS Mismanagement of Seized Assets
FEAR Chronicles Vol. 1 No. 5 (Nov. 1992) by Brenda Grantland, Esq.
Seized Assets Disappear As Prosecutors and Police Profiteer Off Forfeiture Program,
FEAR Chronicles Vol. 1 No. 5 (Nov. 1992) by Brenda Grantland, Esq.
Police Steering Drug Arrests to Seize Property?
FEAR Chronicles Vol. 1 No. 3 (Aug. 1992) by Ross Regnart
EDITORIAL: The Department of "Justice" and Other Legal Fictions
FEAR Chronicles Vol. 1 No. 3 (Aug. 1992) by Brenda Grantland, Esq.
. . . And A Little Help From Our Enemies
FEAR Chronicles Vol. 1 No. 3 (Aug. 1992) by Brenda Grantland, Esq. (Cary Copeland's efforts to undo the impact of Presumed Guilty series, published by Pittsburgh Press, backfires on DoJ)
U.S. General Accounting Office Reports Chronic Problems in Federal Asset Forfeiture Program
FEAR Chronicles Vol. 1 No. 2 (June 1992) by Brenda Grantland, Esq.
EDITORIAL: Selective Enforcement of Overbroad Forfeiture Laws: A Weapon Prone To Abuse, FEAR Chronicles Vol. 1 No. 2 (June 1992) by Brenda Grantland, (Connecticut forfeiture prosecutor Leslie Ohta escapes forfeiture when her son is caught dealing out of her house and car.)