Civil Asset Forfeiture Reform (CAFR)

Background

• Under the guise of fighting the war on drugs, law enforcement can seize your home, car, or money without ever charging you with a crime. This practice is known as civil asset forfeiture, and it is arguably one of the most abused police powers in America today.
• In more than 80 percent of the cases, the owner of the property is never even charged with a crime, much less convicted.
• There is no limit on the assets law enforcement can seize for even the smallest violation. If an agent were to find a marijuana plant growing in someone's backyard, they could seize the entire house, along with vehicles and anything else on the property.

Rep. Henry Hyde has introduced civil asset forfeiture legislation in every session of Congress since 1993 and introduced it in early May this year. Civil Asset Forfeiture Reform would:

• Force the government to prove that seized property is related to a crime, as opposed to the current practice¯¹Hproperty owners having to prove that their property is innocent;
• Create an "innocent owner defense," whereby property owners unaware of criminal activity occurring on their property could recover seized assets;
• Provide indigent defendants with appointed counsel;
• Eliminate the costly bond requirement, which currently requires property owners to pay up to $5,000 or 10 percent of the seized property's value to contest the seizure in court;
• Provide compensation for property damage caused by federal agents;
• Extend the time for filing a claim to contest a forfeiture; and,
• Provide prevailing property owners with compensatory interest in certain situations.

1. Make as generous a contribution as you can to the Drug Policy Foundation to support their work on civil asset forfeiture and other drug policy reform efforts.

2. Write letters to the editor and talk with your elected representatives about this issue and how it is a gross violation of our rights as citizens. Make the following points:

• CAFR would protect people's property rights, which are currently being undermined by abuses of civil asset forfeiture laws;
• CAFR would put the burden of proof where it belongs ‹ on the government. The American system of government was built on the concept of innocent until proven guilty, and civil asset forfeiture proceedings should be no different;
• CAFR will protect innocent owners who do not know about, or who attempt to stop, criminal activity from occurring on their property; and
• CAFR will protect poor people's due process rights by ensuring they have access to an attorney.

The Drug Policy Foundation
4455 Connecticut Ave NW Suite B-500
Washington, DC 20008-2328
tel: (202) 537-5005
fax: (202) 537-3007
email: dpf@dpf.org
web: www.dpf.org

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