With A promise to use “care and professionalism,” Attorney General Jeff Sessions has moved to expand a scandal-plagued program of asset forfeiture that allows law enforcement officials to seize money and goods from individuals suspected of crimes, in many cases without a criminal conviction or even a charge.
While it is nice to pledge care and professionalism, aspects of this program have proved rife with abuse, and it must be reformed.
The logical foundation of asset forfeiture is recovering the proceeds of criminal activity, such as drug deals. “No criminal should be allowed to keep the proceeds of their crime,” Sessions declared in a speech Monday in Minneapolis to the National District Attorneys Association.
Again, it is hard to argue with the principle. But in reality, as a Washington Post investigation showed in 2014, asset forfeiture has turned out to be an opportunity for police to seize cash and valuables from drivers stopped for minor infractions, and it often can be extremely difficult for the innocent to recover their property. The bounty is often parceled out to law enforcement agencies, creating a perverse profit motive.
In 2015, the Justice Department under President Obama announced curtailment of a kind of forfeiture that allowed local police to share part of their proceeds with federal authorities.
This was known as “adoptive” forfeiture, under which state and local authorities would get the seizure cases processed, or “adopted,” under more permissive federal statues, rather than stricter state laws. The 2015 order all but ended adoptive forfeiture.
Now, Sessions is turning the spigot back on, as a Justice Department policy announcement on Wednesday made clear.
The Post report in 2014 revealed onerous seizures from the innocent.
In one case, a 40-year-old Hispanic carpenter from New Jersey was stopped on Interstate 95 in Virginia for having tinted windows. Police said he appeared nervous and consented to a search.
They took $18,000 that he said was meant to buy a used car. He had to hire a lawyer to get his money back.
While asset forfeiture is justified in huge drug busts, its abuse in highway arrests and in grabbing small sums from people has gone too far.
Sessions declared in his address to the Minneapolis group: “Helping you do your jobs, helping the police get better, and celebrating the noble, honorable, essential and challenging work you do will always be a top priority of mine.”
Wouldn’t it be in service of these goals to curb wrongful asset forfeitures and put in place strong protections against further exploitation by police of innocent Americans?
The Justice Department is promising to implement such protections, and Mr. Sessions said he would instruct department officials to use an “abundance of caution” for seizures involving vehicles and residences, where many mistakes have occurred.
That’s not enough.
Congress ought to consider legislation introduced by Rep. Darrell Issa, R-California, with bipartisan support that would increase the government’s burden of proof before seizing assets.
This editorial first appeared in the Washington Post.