The Institute for Justice aims to curtail, and ultimately, abolish civil forfeiture, one of the gravest abuses of power in the country today. Unlike criminal forfeiture, which takes property from convicted criminals, under civil forfeiture, property owners do not have to be convicted of a crime, or even charged with one, to permanently lose their cash, cars, businesses or even their homes.
Americans threatened with civil forfeiture face an appalling lack of due process that treats property owners worse than criminals:
Profit Incentive: In 43 states, police and prosecutors can keep anywhere from half to all of the proceeds they take in from civil forfeiture—a clear incentive to police for profit.
Equitable Sharing: Under a federal program called “equitable sharing,” local and state law enforcement can bypass state laws that limit civil forfeiture. By collaborating with a federal agency, they can move to forfeit property under federal law and receive up to 80 percent of forfeited proceeds. Granting law enforcement a direct financial stake in federal forfeiture litigation encourages profiteering and a lack of respect for federalism and state sovereignty.
Standard of Proof: Nearly all states and the federal government require far less evidence than the “beyond a reasonable doubt” standard for criminal convictions.
Guilty Until Proven Innocent: While many civil forfeiture laws do have a process for innocent owners to reclaim their property, all too often the burden of proof is on the owner—not the government. Therefore, under civil forfeiture, property owners have to prove their innocence and show that they were not aware of any criminal activity.
To roll back civil forfeiture, IJ has filed multiple lawsuits, written several publications scrutinizing the practice and led bipartisan efforts to enact legislative reforms. Through our efforts, we are determined to beat back civil forfeiture both in the court of law and court of public opinion.
Frequently Asked Questions About Civil Forfeiture
What is Civil Forfeiture? Does It Help Police Fight Crime? Read the Most Frequently Asked Questions about Civil Forfeiture.
Read the FAQEnding Civil Forfeiture Cases
Family Jewelry Business Fights Back to End Predatory Civil Forfeitures at Indianapolis FedEx Hub
Henry and Minh Cheng, who run a wholesale jewelry business, are fighting Indiana to keep money a customer sent them through FedEx. Indiana police seized the money and prosecutors are trying to take it through civil forfeiture without saying what the couple did wrong.
Ending Civil Forfeiture Legislation
Civil Forfeiture | Private Property
Criminal Forfeiture Process Act
Civil forfeiture is a serious assault by government on cars, cash and other property. To lose your property in most states, prosecutors do not have to charge you, let alone convict you of a crime.
Civil Forfeiture | Private Property
Anti-Circumvention Forfeiture Act
Under civil forfeiture, the state can permanently confiscate your cash, car, and other property, without a prosecutor convicting, or even charging you with a crime. Although some states have acted to protect innocent property owners,…
Ending Civil Forfeiture Research
Civil Forfeiture | Private Property
Does Civil Forfeiture Fight Crime? Evidence From New Mexico
Abstract: This study examined civil forfeiture’s impact on crime rates. Proponents of civil forfeiture, which allows law enforcement to take and permanently keep property without a criminal conviction, claim it is an essential crime-fighting tool,…
Civil Forfeiture | Private Property
Frustrating, Corrupt, Unfair
Victims of civil forfeiture call it frustrating, corrupt and unfair. This first-of-its-kind survey describes the experiences of victims of one civil forfeiture program, Philadelphia’s.