Fast Track H.R. 1525 - The Fifth Amendment Integrity Restoration (F.A.I.R.) Act - to Reform Civil Asset Forfeiture in America

The practice of civil asset forfeiture cannot be squared with the Fifth Amendment to the U.S. Constitution which states, "No person...shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." The practice of civil asset forfeiture turns this civil right on its head by forcing parties whose assets have been seized to initiate a suit against the government and to prove that their seized assets were not the product of a crime or used in the furtherance of a crime. The cost to litigate such matters often far exceeds the value of the assets seized, which means that it is simply not economical for citizens to fight to recover their assets. To summarize a recent report commissioned by the Institute for Just (IJ) (see https://ij.org/report/policing-for-profit-3/pfp3content/executive-summary/): * Forfeiture is big and happens nationwide, with at least $68.8 billion seized between 2002 and 2018 by 20 states (for which data was available) and the federal government. * The practice of "policing for profit" creates a perverse incentive for local and state law enforcement to receive a share of the assets seized from the federal government, to whom the assets are typically turned over. * New research shows that eliminating civil asset forfeiture does not increase crime. * Forfeiture is not targeting organized crime. The median currency forfeiture is $1,276. Only 22% of persons affected seek the return of their property due to the high cost of litigation. * Evidence suggests that civil asset forfeiture does not work. So what does civil asset forfeiture look like in practice? Here are a few horror stories according to American for Prosperity (see https://americansforprosperity.org/civil-asset-forfeiture-horror-stories/): ARIZONA: JERRY JOHNSON'S THIRD RIG Jerry Johnson started his own trucking company in 2015, and currently has two trucks and two employees. Seeking to add a third truck, he flew from Charlotte to Phoenix to attend an auto action in August 2020. He was carrying $39,500 in cash, which is completely legal. “They’re very competitive,” Johnson told Fox 46 Charlotte. “Thousands of people go there. It’s basically you bring your cash and put a deposit down.” When he landed in Phoenix, an undercover officer approached Johnson in baggage claim, asking if he had money or drugs on him. When he revealed he was carrying the cash, the officer interrogated Johnson for an hour and gave him a choice of signing a forfeiture agreement or being arrested. Johnson signed. He has not been charged with any crime, and the Transportation Security Administration has refused to return his money. A judge has ruled that Johnson failed to prove the money was legally his, and litigation is ongoing. Johnson had previously served time in prison for possession of cocaine and marijuana, most recently in 2012. His trucking company has helped him turn his life around and create value for others. TEXAS: ANTHONIA NWAORIE'S MEDICAL CLINIC Anthonia Nwaorie came to the United States from Nigeria in 1982, obtained her nursing license in 1983, and became a U.S. citizen in 1994. She saved money for years, with a dream of opening a medical clinic to help patients in the land of her birth. In 2017, she was about to fly from Houston to Nigeria with medical equipment, supplies, and about $41,000 in cash. Customs and Border Patrol (CBP) officers detained her and seized the money because she had failed to comply with a requirement of which she was unaware — that she was taking more than $10,000 out of the United States. She was never charged with any crime, and the U.S. attorney declined to pursue the legal process to confiscate her funds. Nevertheless, CBP refused to return her money unless she signed a “Hold Harmless Release Agreement,” which was itself in violation of federal law. Facing a lawsuit from Nwaorie, CBP returned her funds after seven months – without interest. PENNSYLVANIA: TERRY ROLIN'S LIFE SAVINGS Terry Rolin was a 79-year-old retired railroad engineer who had followed his Depression-era parents’ habit of hiding money in his Pittsburgh-area home. When he moved to a smaller apartment, he asked his daughter Rebecca Brown to take the money – more than $82,000 – and open a joint account. Before flying home to Boston with the funds, Brown checked online to confirm it was legal to carry such a large amount of cash. But when a TSA agent discovered she was transporting this money, he insisted on calling and talking to her father. He told Brown that their answers did not match and seized the cash. Neither Brown nor her father were ever charged with a crime, but the Drug Enforcement Administration refused to return the money until six months had passed and a lawsuit was filed. ALABAMA: FRANK RANELLI'S COMPUTER REPAIR SHOP In June 2010, Frank Ranelli had owned his Ensley, Alabama, computer repair shop for more than 20 years. One morning his business was raided by police, and more than 130 computers were confiscated. Some were for sale; others were undergoing repair and were supposed to be returned to their owners. Police were acting on an informant’s tip that Ranelli was receiving stolen goods, but the charge was dropped when Ranelli demonstrated he had followed proper protocol in the case of the only laptop he was accused of receiving illegally. Ranelli spent years unsuccessfully trying to recover the confiscated property. Why do we permit law enforcement in America to seize the personal property of citizens who have not been charged, much less convicted, of any crime that would implicate the seized assets? It's clear that this practice does not reduce crime. The rule of law is sacrosanct--or at least it is supposed to be. The proceeds of such seizures help to fund the very law enforcement and other agencies that trample the constitutional rights of Americans. It is one thing to seize the assets of those who have committed crimes, but the U.S. Constitution is supposed to protect us from unreasonable searches and seizures by the government. It is supposed to ensure that the government cannot take one's property without just cause, just compensation, and access to the justice system wherein substantive and procedural due process are the birthrights of all Americans. By signing this petition I hereby demand that the Congress of the United States take action by and through House Resolution 1525, the Fifth Amendment Integrity Restoration (F.A.I.R.) Act, to reform federal civil asset forfeiture law in such a manner as to bring this practice into conformance with the U.S. Constitution. Link to track H.R. 1525 as it winds its way through Congress: https://www.congress.gov/bill/118th-congress/house-bill/1525