theatlantic | “President Trump has directed this
Department of Justice to reduce crime in this country, and we will use
every lawful tool that we have to do that,” he said at a gathering of
law-enforcement officials on Wednesday. “We will continue to encourage
civil-asset forfeiture whenever appropriate in order to hit organized
crime in the wallet.”
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.
In
its report, the inspector general’s office also raised concerns about
how federal agencies take funds, after it found almost half of the Drug
Enforcement Agency’s seizures in a random sample weren’t tied to any
broader law-enforcement purpose. “When seizure and administrative
forfeitures do not ultimately advance an investigation or prosecution,
law enforcement creates the appearance, and risks the reality, that it
is more interested in seizing and forfeiting cash than advancing an
investigation or prosecution,” the report concluded.
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