Looking for ST Opinions: Have we discussed the new asset forfeiture rules?
Posted by
Strongbad (aka Rambler14)
Jul 20 '17, 10:34
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The directive revives the Justice Department’s Equitable Sharing Program, a controversial process through which state and local police agencies can seize assets, then transfer those seizures to federal control. In doing so, local agencies can skirt some state-level regulations limiting forfeitures. Under the program, the federal government pools the funds derived from the assets and sends 80 percent of them back to the state or local department itself, sometimes evading state laws that say seized assets should go into a state’s general fund.
Civil forfeiture has existed in some form since the colonial era, although most of the current laws date to the War on Drugs’ heyday in the 1980s. Law-enforcement officials like Sessions defend modern civil forfeiture as a way to limit the resources of drug cartels and organized-crime groups. It’s also a lucrative tactic for law-enforcement agencies in an era of tight budgets: A Justice Department inspector general’s report in April found that federal forfeiture programs had taken in almost $28 billion over the past decade, and The Washington Post reported that civil-forfeiture seizures nationwide in 2015 surpassed the collective losses from all burglaries that same year.
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