Sessions looks to crack down on traffickers’ cash
Attorney General Jeff Sessions on Monday said he’d be issuing a new directive this week aimed at increasing police seizures of cash and property.
Asset forfeiture is a highly controversial practice that allows law enforcement officials to permanently take money and goods from individuals suspected of crime. There is little disagreement among lawmakers, authorities, and criminal justice reformers that “no criminal should be allowed to keep the proceeds of their crime.” But in many cases, neither a criminal conviction nor even a criminal charge is necessary — under forfeiture laws in most states and at the federal level, mere suspicion of wrongdoing is enough to allow police to seize items permanently.
Additionally, many states allow law enforcement agencies to keep cash that they seize, creating what critics characterize as a profit motive. The practice is widespread: In 2014, federal law enforcement officers took more property from citizens than burglars did. State and local authorities seized untold millions more.
Since 2007, the DEA alone has taken over $3 billion in cash from people not charged with any crime, according to the Justice Department’s Inspector General.
The practice is ripe for abuse. In 2016, Oklahoma police seized $53,000 owned by a Christian band, an orphanage and a church after stopping a man on a highway for a broken taillight. A few years earlier, a Michigan drug task force raided the home of a selfdescribed “soccer mom,” suspecting she was not in compliance with the state’s medical marijuana law. They proceeded to take “every belonging” from the family, including tools, a bicycle, and her daughter’s birthday money.
In recent years, states had begun to clamp down on the practice.