Orlando Sentinel

Even though

Practice decried by conservati­ves and liberals alike

- By Joseph Tanfani

many states and politician­s in both political parties want to end or reduce the confiscati­on of private assets used in crimes, Trump’s attorney general revives the controvers­ial policy.

WASHINGTON — Attorney General Jeff Sessions has expanded the authority of law enforcemen­t to seize criminal suspects’ money and property, bucking a movement in Congress and many states to rein in a practice that critics said led to flagrant abuses and was unconstitu­tional.

The Justice Department announced Wednesday it was restoring so-called adoptive forfeiture­s, where local or state authoritie­s can seize valuable assets from suspects under federal law, circumvent­ing more restrictiv­e state laws.

Asset forfeiture­s are controvers­ial because law enforcemen­t agencies often take possession of cars, homes, jewelry and cash from suspects implicated in drug deals or other crimes without first obtaining conviction­s or, in some cases, indictment­s.

Such practices have led to criticism that local and state law enforcemen­t agencies have deliberate­ly misused the law to seize property that could help fund their operations. Partly as a result, two dozen states have restricted asset forfeiture­s.

In 2015, then-Attorney General Eric Holder drasticall­y curtailed the practice amid growing concerns in Congress that police were improperly seizing valuable belongings from suspects without any convincing connection to crimes.

In the previous eight years, adoptive forfeiture­s — mostly by the Drug Enforcemen­t Administra­tion — had garnered about $880 million, according to a March report by the Justice Department’s General.

The report found that many of the forfeiture cases were not linked to provable crimes. It cited a case in South Florida that led to seizures of $49 million but not one criminal indictment.

Both liberal and conservati­ve legal organizati­ons have condemned forfeiture­s. In a rare bit of bipartisan­ship, Republican­s and Democrats in Congress have joined forces to sponsor bills intended to curb the practice, although none has passed.

Sessions opposed some of those reform measures as a U.S. senator from Alabama. Since he was confirmed as attorney general, the nation’s highest law enforcemen­t official, he has moved to reinstitut­e several aggressive drug war policies.

At a news conference Wednesday, Deputy Attorney General Rod Rosenstein said the Justice Department would require more stringent oversight and training to help prevent abuses by police during asset forfeiture­s and make sure that such seizures meet constituti­onal standards.

He said the new policy will not require criminal conviction­s before police can take possession of a suspect’s property. But, he Inspector added, “there has to evidence of a crime.”

Under the new policy, local authoritie­s must ask the Justice Department to intervene within 15 days, and demonstrat­e probable cause before seizing any suspected contraband.

Sessions said the new rules will help protect against abuses and allow people to contest the seizures.

“In the vast majority of cases, this is really not an issue,” Sessions told reporters. He said that 4 out of 5 forfeiture cases are unconteste­d.

Some law enforcemen­t officials attended the announceme­nt and applauded the policy change. Seizing ill-gotten gains breaks the backs of criminal groups, they said, adding that the criminals depend on the confiscate­d funds to support their budgets.

“For eight years, we felt we didn’t have the support of this department, and we finally feel that we do,” said Ron Brooks, speaking for the National Narcotics Officers Associatio­n Coalition.

But Darpana Sheth, senior attorney for the Institute for Justice, a conservati­ve legal group, said many forfeiture­s are unconteste­d simply because people don’t have the resources to fight the government.

“It’s not surprising that the only defenders of this program are the ones who stand to financiall­y benefit from it,” she said of police and prosecutor­s.

Liberal groups also have condemned forfeiture­s. Kanya Bennett, legislativ­e counsel for the American Civil Liberties Union, said the new order bucks widespread public opinion that seizing assets of people who have not been convicted is “unjust and unAmerican.” be

 ?? JACQUELYN MARTIN/AP ?? Attorney General Jeff Sessions believes asset forfeiture is a legitimate law enforcemen­t tool.
JACQUELYN MARTIN/AP Attorney General Jeff Sessions believes asset forfeiture is a legitimate law enforcemen­t tool.

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