Asset forfeiture prone to abuse, critics say
Small cities may be using seizures to compensate for cuts, group charges.
A handful of small Los Angeles County cities seize large amounts of cash and cars using a controversial federal law that allows them to confiscate property even when owners aren’t charged with a crime, according to a report published by an advocacy group that promotes decriminalization of drugs.
The seizures by police in South Gate, Beverly Hills, Baldwin Park and other relatively small cities dwarf those made by much larger police departments in California from 2006 through 2013, according to the Drug Policy Alliance. Pomona reaped more than $14 million, exceeding assets collected in the considerably larger cities of Oakland, Long Beach, Fresno and Bakersfield combined, said the report, which is expected to be published Tuesday.
Law enforcement agencies keep up to 80% of property seized under what’s known as civil asset forfeiture, and several cities appear to rely on the revenue at a time of dwindling police budgets, potentially creating pressure on officers to make more seizures, according to the alliance, which has long been critical of the practice and called for an overhaul.
The criticism comes amid mounting concerns nationwide that forfeiture leads to abuses, with reports of police taking cash, cars and even homes based on little or no evidence of a crime. In federal court, owners who seek a return of their seized property face the burden of proving it was not the product of criminal activity.
California requires a conviction to justify keeping seized assets of up to $25,000. For larger amounts of money, police must show by “clear and convincing evidence” that the property was connected to drug sales or manufacturing — a higher standard than the “probable cause” required under federal law. In addition, police departments receive 65% of seizures under California law compared to up to 80% under federal law.
Because of such reforms, the Drug Policy Alliance contends, local law enforcement agencies in California are skirting the state’s stricter rules by using federal law to seize assets.
“Seizing the cash and property of potentially innocent citizens who are never charged with a crime is no way to fund public safety,” Meghan Ralston, harm reduction manager for the Drug Policy Alliance, said in a statement.
Some disputed the report’s claims. John Lovell, a law enforcement lobbyist and legislative counsel for the California Narcotics Officers’ Assn., said civil asset forfeiture disrupts drug organizations by aiming at their profits. Lovell said it was no surprise that an advocacy group that opposes drug laws would criticize civil asset forfeitures.
“That’s like saying the tobacco industry is critical of anti-smoking ads,” he said.
In California, state Sen. Holly Mitchell (D-Los Angeles) has introduced reform legislation. The Drug Policy Alliance is a co-sponsor of the bill.
The alliance said its report was compiled by a freelance journalist using records obtained from the U.S. Justice Department, the federal Treasury Department and local government entities.
California law enforcement agencies received nearly $600 million from civil asset forfeitures under federal law from 2006 through 2013, according to the Drug Policy Alliance’s report. State forfeitures brought in about $140 million.
Even tiny cities took in sizable amounts of forfeiture revenue by working with the U.S. Department of Justice. Vernon, with 112 people, took in nearly $1 million while Irwindale, with fewer than 1,500 residents, received more than $800,000, the report said. Beverly Hills collected more than $7.3 million, La Verne more than $3 million and South Gate more than $7.6 million.
Police Capt. Ty Henshaw of Irwindale said his department has not aggressively pursued forfeitures and does not depend on seized assets to make budget. He said the agency’s seizures primarily resulted from helping other agencies.
“It’s not a very good practice to rely on forfeiture funds,” he said.
Beverly Hills Police Lt. Lincoln Hoshino said his department’s increased federal forfeiture assets are most likely the result of participation with federal task forces. Pomona’s finance director, Paula Chamberlain, disputed several claims in the report, including that spending left the city’s forfeiture fund with a shortfall last year.