What types of assets can be seized by law enforcement?

What Assets Can Be Seized by Law Enforcement?

Law enforcement agencies like the police or FBI have the power to seize personal property and assets in certain situations. This article will explain what those situations are and what kinds of things can be taken.

Civil Asset Forfeiture

Civil asset forfeiture allows police to seize assets that they suspect have been involved in a crime . This includes:

• Cash
• Cars
• Homes
• Other real estate
• Businesses
• Bank accounts
• Jewelry
• Artwork
• Electronic devices

Police only need reasonable suspicion to take these assets, which is a very low legal standard. The owner does not need to be convicted or even charged with a crime for their property to be forfeited. This had led to a lot of criticism that civil forfeiture is unfair and open to abuse .

Example Case

In one famous case, the Motel Caswell in Massachusetts had been owned by the Caswell family for decades. The police tried to seize it through civil asset forfeiture because they claimed some drug deals had happened there over the years. But the Motel owners were never convicted of any crime – they just got caught up in the broad powers of civil forfeiture .

Criminal Forfeiture

Police can also seize assets through criminal forfeiture after the owner has been convicted of a crime. The types of property that can be taken criminally include:

• Proceeds of the crime
• Assets used to commit the crime
• Assets used to conceal illegal activity

So for example, if someone is convicted of bank fraud, the money and property they obtained illegally could be criminally forfeited. The legal standard is higher here – police need to prove the assets are connected to criminal wrongdoing .

Example Case

The Enron executives were convicted of fraud and conspiracy charges in one of the biggest corporate scandals in history. As part of their sentence, they had to forfeit almost $200 million in stock options, cash bonuses, vacation homes and other assets obtained through their crimes .

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Seizure Warrants

Police can get a seizure warrant from a judge to immediately confiscate assets they think:

• Will be used to commit a crime like drug trafficking
• Will be hidden or sold off if not seized quickly
• Are the proceeds of illegal activity

This allows them to take cash, vehicles, valuables and more right away if they fear it will disappear if they don’t act fast. Seizure warrants have fewer legal protections and require less evidence than criminal warrants .

Example Case

A group suspected of smuggling drugs can have their cars, cash and other assets seized immediately with a warrant so they cannot continue their illegal operation or hide the money. The assets can be held by police while they investigate and build a criminal case.

Fighting Back in Court

There are heavy criticisms about how aggressive and unfair asset seizure powers have become . Many innocent people have property taken through little fault of their own. And seizures often target poor and minority communities.

But there are ways to fight back. With legal help, property owners can argue in court that:

• There is not enough evidence connecting the assets to a crime
• Taking the property violates the Constitution or their civil rights
• They did not know about or consent to whatever illegal activity allegedly occurred
• They reasonably tried to prevent illegal uses of the property

These defenses have helped people regain their cars, cash, homes and other property seized unfairly. But the legal process is difficult to navigate alone.

Reforming Forfeiture Laws

There is growing momentum for forfeiture reform at state and federal levels. Some positive changes include:

• Requiring criminal conviction before assets can be forfeited
• Removing financial incentives for police departments to pursue property seizures
• Increasing burden of proof to take assets in civil cases
• Redirecting forfeiture proceeds to general funds or education, not law enforcement
• Enhanced reporting requirements for what is being seized and how the money is used

While asset forfeiture remains controversial, hopefully new laws can curb abuse and protect innocent property owners, while still letting police target the finances of criminal organizations.

What other reforms do you think would help fix problems with civil asset forfeiture and seizure laws? I’m curious to hear your thoughts!

References

https://www.aclu.org/issues/criminal-law-reform/reforming-police/asset-forfeiture-abuse
https://ij.org/press-release/new-report-finds-civil-forfeiture-rakes-in-billions-each-year-does-not-fight-crime-2/
https://www.forbes.com/sites/instituteforjustice/2021/11/10/how-civil-forfeiture-turned-the-motel-caswell-into-a-legal-nightmare/?sh=3c7d35bb2c6e
https://www.justice.gov/afp/types-federal-forfeiture
https://www.nytimes.com/2006/09/26/business/26enron.html
https://www.findlaw.com/criminal/criminal-procedure/search-warrant-vs-seizure-warrant.html
https://www.washingtonpost.com/opinions/tim-walberg-an-end-to-the-abuse-of-civil-asset-forfeiture/2019/03/01/52b657b8-3c42-11e9-b786-d6abcbcd212a_story.html