The federal government is spending big money to get its hands on Americans' property. A new report from the non-profit watchdog Institute for Justice (IJ) says the Department of Justice is using private companies to ramp up civil asset forfeitures. Asset forfeitures are used to seize money or property that's involved in criminal cases. Courts have ruled that law enforcement has the right to seize assets of drug dealers and other criminals. But the process also often spills over to the property of innocent people, who have little recourse to recover their items. "Civil forfeiture allows the government to take and permanently keep your property, without ever even charging you with a crime," says Dan Alban, IJ attorney in an interview with Fox News.
Because asset forfeiture is done in civil court, victims don't have the right to a public defender. Furthermore, the IJ report found that most asset forfeiture cases are done administratively, meaning there is little judicial oversight. "Everyone should be concerned about this because you could be a victim," says Alban.
While asset forfeiture can be a necessary tool to punish and deter criminal activity, it is also big business for government and law enforcement. The IJ report finds forfeiture brought in more than $45 billion in revenue for the federal government between 2000 and 2019. "Law enforcement recognizes that they need to hire private contractors to help them maximize how much property they're seizing from ordinary Americans, and putting into their own coffers," says Alban. "To that end, the federal government recently issued over $6 billion in contracts for a five-year period, for private contractors to assist with the federal forfeiture process."
"You've probably heard the adage, 'You've got to spend money to make money.' Here, it's 'You've got to spend money to take money,'" he continues.
This is why Alban and the IJ are calling for 'civil forfeiture reform.' "Congress must act to prevent law enforcement from treating ordinary Americans like ATMs," says Alban.