Texarkana Gazette

U.S. restoring asset seizures

But restored police ability is to come with new safeguards

- By Sadie Gurman

WASHINGTON—The Trump administra­tion will soon restore the ability of police to seize suspects’ money and property with federal help, but The Associated Press has learned the policy will come with a series of new provisions aimed at preventing the types of abuse that led the Obama Justice Department to severely curtail the practice.

At issue is asset forfeiture, which has been criticized because it allows law enforcemen­t to take possession­s without criminal conviction­s or, in some cases, indictment­s. The policy to be rolled out today targets so-called adoptive forfeiture, which lets local authoritie­s circumvent more-restrictiv­e state laws to seize property under federal law. The proceeds are then shared with federal counterpar­ts.

Former Attorney General Eric Holder significan­tly limited the practice in response to criticism that it was ripe for abuse, particular­ly with police seizures of small amounts of cash. Attorney General Jeff Sessions plans to ease those restrictio­ns but also impose new requiremen­ts on when federal law can be used, a senior Justice Department official briefed on the policy said Tuesday.

The official, who spoke to the AP on condition of anonymity, was not authorized to discuss the changes before their unveiling.

Key changes include requiring more detail from police agencies about probable cause justifying a seizure before federal authoritie­s get involved. Also, the Justice Department will have to decide more quickly whether to take on local seizures and also let property owners know their rights and the status of their belongings within 45 days of the seizure, faster than federal law requires.

Another key change will make it harder for police to seize less than $10,000 unless they have a state warrant, have made an arrest related to the seizure, have taken other contraband, such as drugs, along with the money, or the owner has confessed to a crime. Without at least one of those conditions, authoritie­s will need a federal prosecutor’s approval to seize it under federal law.

Old rules set that threshold at $5,000, the official said. The old process rarely required a federal prosecutor’s sign-off, said Stefan Cassella, a former federal prosecutor and expert on asset forfeiture and money laundering law.

Sessions’ support for asset forfeiture more is in keeping with his tough-on-crime agenda and aligns with his oft-stated view that the Justice Department’s top priority should be helping local law enforcemen­t fight violent crime. Police department­s use the seizures for expenses, and some agencies felt Holder’s restrictio­ns left them without a critical funding source. When he forecast the rollback of the Holder provision at a conference of district attorneys, the announceme­nt drew applause.

But an embrace of asset forfeiture follows bipartisan efforts to overhaul the practice, and a growing number of states have made their own laws limiting its use.

Republican Rep. Darrell Issa of California, who sponsored legislatio­n this year to tightly regulate asset forfeiture, told the AP that Sessions’ move is “a troubling step backward” that would “bring back a loophole that’s become one of the most flagrantly abused provisions of this policy.”

“I’m glad that at least some safeguards will be put in place, but their plan to expand civil forfeiture is, really, just as concerning as it was before,” Issa said. “Criminals shouldn’t be able to keep the proceeds of their crime, but innocent Americans shouldn’t lose their right to due process, or their private property rights, in order to make that happen.”

As of 2014, more than 20 states set restrictio­ns either by requiring a criminal conviction, increasing the government’s burden of proof that property is linked to a crime, or other measures, said Darpana M. Sheth, an attorney at Institute for Justice, which represents defendants in forfeiture cases across the country. Requiring authoritie­s to secure a criminal conviction before they can seize property is the only real safeguard against abuse, she said.

 ?? AStar Tribune via AP ?? Attorney General Jeff Sessions addresses the summer meeting of the nation’s district attorneys from around the country Monday at the Hilton in Minneapoli­s. Sessions said the Justice Department will soon make it easier for local law enforcemen­t to seize...
AStar Tribune via AP Attorney General Jeff Sessions addresses the summer meeting of the nation’s district attorneys from around the country Monday at the Hilton in Minneapoli­s. Sessions said the Justice Department will soon make it easier for local law enforcemen­t to seize...

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