Asset forfeiture has become a highly controversial and lucrative source of revenue for law enforcement agencies around the US. Through this practice, the state has been able to confiscate billions of dollars in assets from Americans, with many of them never having been convicted of any crime in relation to that confiscation.
For many who have been unfortunate enough to find themselves a suspicious target to law enforcement, they've had their cash confiscated, cars, real estate, and a lot more. All while never being charged or convicted of any wrongdoing in the matter. When these individuals have been targeted via civil asset forfeiture tactics, due process for them has been seemingly violated seeing as no conviction was required in many cases and suspicion alone was enough to warrant confiscating billions in assets.
You can now find dozens of police departments who firmly believe that civil asset forfeiture is an imperative tool that's able to provide a much needed budget enhancement.
And why wouldn't they? After all, reports have disclosed that these funds have frequently been spent to fund law enforcement salaries, vacations, and benefits. They've also been able to purchase a variety of items, everything from raccoon removal services and clowns to military-grade equipment that you'd expect to find in a war zone overseas.
A number of states have tried to impose reforms and push back against an apparent abuse of this police tactic, but those reforms have frequently been met with harsh criticism and opposition from various police professionals. After all, if they don't have asset forfeiture, how else are they going to afford all of their expensive gadgets, vacations, bonuses, and other benefits?
US Marshals Service
The USMS is in charge of managing the money for the Justice Department's AFF (asset forfeiture fund) and they were recently criticized by Sen. Chuck Grassley for their alleged gross mismanagement of funds. It's been alleged that they've engaged in excessive and wasteful spending with the funds.
He went so far as to say that law enforcement agencies have been treating civil asset forfeiture funds as a slush fund for their extravagances. And so if this be the case, should we be surprised when law enforcement agencies are slow or unwilling to make reforms to what affords them such extravagances? Clearly, this policy hasn't been working for the best interest of the general public, many have fallen victim to this policy and believe it to be a corrupt policing-for-profit scheme that threatens due process.
Philadelphia D.A. Office
According to a recent report in the Philadelphia Weekly, the local D.A. Office allegedly spent $7 million in funds, that came from asset forfeiture confiscations, in just the last 5 years. They used the funds to purchase tens of thousands of dollars in submachine guns, custom embroidery for their uniforms, website improvements, many cash withdrawals, and more.
Ohio, Hamilton County Prosecutor's Office
Another recent investigation report, published in City Beat, details how the Hamilton County prosecutor's office allegedly acquired almost $2 million in asset forfeiture funds. And it's alleged that the funds have been regularly accessed in order to fund mundane purchases ($15,000 just on briefcases) as well as controversial consulting contracts.
Chicago Police Department
The Chicago Reader recently published a report on the Chicago Police Department and their controversial use of civil asset forfeiture funds which they allegedly use frequently as an off-the-books source of revenue. It's alleged that with those funds they've been able to bypass oversight in acquiring surveillance technology and other police equipment. They allegedly don't account for the funds in their official budget and the details aren't disclosed to the public.
It's happening all across the country and this practice has been challenged in several states already. Many lawsuits have been launched and people (those with the means) have tried to fight back to regain their property. Still, today there isn't much transparency surrounding the asset forfeiture activity for law enforcement and for this reason and many others; it's a policy that should be immediately brought to a close. Though we probably won't see that happen anytime soon.
The police haven't been forthcoming in their use of civil asset forfeiture funds, so it's taken quite a bit of investigation and Freedom of Information Act requests in order for the truth of the situation to start to come to light. Thanks to those efforts, more people have become aware of the abuse that this policy affords.
If this policy more frequently than not is being used in an abusive manner, then it's obvious that it isn't working within the best interests of the public. Quite the contrary, such a policy endangers them because it erodes due process. And for those who find themselves the victim of this policy, it can be very traumatizing and expensive to weather the storm in trying to get your property back.
Pics:
Pablo Iglesias via Chicago Reader
spaxiax/istock/Getty Images via Vice
pixabay
Sources:
http://www.businessinsider.com/aclu-report-on-police-militarization-2014-8
https://theintercept.com/2017/10/13/ice-hsi-asset-forfeiture-handbook/
https://www.forbes.com/sites/instituteforjustice/2017/09/28/senator-blasts-asset-forfeiture-slush-fund-us-marshals-used-for-granite-countertops-salaries/#4bfeb1bf437c
http://www.citybeat.com/news/article/20975772/joe-deters-assetforfeiture-fund-helps-pay-for-law-enforcement-but-also-for-furniture-briefcases-dues-and-consultants
https://www.vice.com/en_ca/article/8qbmmg/the-long-struggle-to-reform-the-system-that-lets-cops-casually-seize-property-and-cash
https://www.chicagoreader.com/chicago/police-department-civil-forfeiture-investigation/Content?oid=23728922
https://theintercept.com/2017/10/13/ice-hsi-asset-forfeiture-handbook/
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