Ingraham writes: "Asset forfeiture is a contentious practice that lets
police seize and keep cash and property from people who are never convicted
- and in many cases, never charged - with wrongdoing."
Two police officers at their vehicle. (photo: Guardian Liberty Voice)
Justice Department Restarts Program That Lets Cops Seize, Keep Cash and
Goods
By Cristopher Ingraham, The Washington Post
29 March 16
The Justice Department has announced that it is resuming a controversial
practice that allows local police departments to funnel a large portion of
assets seized from citizens into their own coffers under federal law.
The "Equitable Sharing Program" gives police the option of prosecuting asset
forfeiture cases under federal instead of state law. The Justice Department
had suspended payments under this program in December, due to budget cuts
included in last year's spending bill.
"In the months since we made the difficult decision to defer equitable
sharing payments because of the $1.2 billion rescinded from the Asset
Forfeiture Fund, the financial solvency of the fund has improved to the
point where it is no longer necessary to continue deferring equitable
sharing payments," spokesman Peter J. Carr said Monday.
Asset forfeiture is a contentious practice that lets police seize and keep
cash and property from people who are never convicted of wrongdoing - and in
many cases, never charged. Studies have found that use of the practice has
exploded in recent years, prompting concern that, in some cases, police are
motivated more by profit and less by justice.
The Justice Department's Equitable Sharing Program allowed state and local
authorities to pursue asset forfeiture under federal, rather than state law.
Federal forfeiture policies are more permissive than many state policies,
allowing police to keep up to 80 percent of assets they seize.
Asset forfeiture is fast growing -- in 2014, for instance, federal
authorities seized more than $5 billion in assets. That's more than the
amount of money lost in every single burglary that year.
Reformers had hoped that the suspension of the program in December was a
signal that the Justice Department was looking for ways to rein in the
practice. But that no longer appears to be the case.
"This really was about funding, not a genuine concern about the abuses
rampant in the equitable sharing system," said Scott Bullock, president of
the Institute for Justice, in an interview. The institute is a civil
liberties law firm that researches asset forfeiture and advocates on behalf
of forfeiture defendants. It has reported extensively on what it calls the
"profit motive" created by the Equitable Sharing Program: because police get
to keep a share of the items they seize, they have an incentive to take more
stuff.
Bullock said the suspension and return of equitable sharing demonstrate the
need for Congress to act on the issue. "Changes to forfeiture policy can be
swept away by the stroke of a pen," he said.
But the suspension of the program had outraged law enforcement groups. In a
statement last December, the heads of the International Association of
Chiefs of Police, the National District Attorneys Association and other
groups said in a joint statement that the changes would have "a significant
and immediate impact on the ability of law enforcement agencies throughout
the nation to protect their communities."
"We are seeing a lot more pushback from law enforcement," Bullock said.
"Even to the point where they are ... making budgetary appeals saying, 'we
need this for our bottom line.' And that's something that's been unusual to
see, and it goes to our point about what this is really about -- raising the
revenue," he added.
Law enforcement groups appear to have had some successes in rallying members
of Congress to their side. In January, New Hampshire Sens. Kelly Ayotte (R)
and Jeanne Shaheen (D) called on the Justice Department to restore the
payments.
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Two police officers at their vehicle. (photo: Guardian Liberty Voice)
https://www.washingtonpost.com/news/wonk/wp/2016/03/28/the-feds-have-resumed
-a-controversial-program-that-lets-cops-take-stuff-and-keep-it/https://www.w
ashingtonpost.com/news/wonk/wp/2016/03/28/the-feds-have-resumed-a-controvers
ial-program-that-lets-cops-take-stuff-and-keep-it/
Justice Department Restarts Program That Lets Cops Seize, Keep Cash and
Goods
By Cristopher Ingraham, The Washington Post
29 March 16
he Justice Department has announced that it is resuming a controversial
practice that allows local police departments to funnel a large portion of
assets seized from citizens into their own coffers under federal law.
The "Equitable Sharing Program" gives police the option of prosecuting asset
forfeiture cases under federal instead of state law. The Justice Department
had suspended payments under this program in December, due to budget cuts
included in last year's spending bill.
"In the months since we made the difficult decision to defer equitable
sharing payments because of the $1.2 billion rescinded from the Asset
Forfeiture Fund, the financial solvency of the fund has improved to the
point where it is no longer necessary to continue deferring equitable
sharing payments," spokesman Peter J. Carr said Monday.
Asset forfeiture is a contentious practice that lets police seize and keep
cash and property from people who are never convicted of wrongdoing - and in
many cases, never charged. Studies have found that use of the practice has
exploded in recent years, prompting concern that, in some cases, police are
motivated more by profit and less by justice.
The Justice Department's Equitable Sharing Program allowed state and local
authorities to pursue asset forfeiture under federal, rather than state law.
Federal forfeiture policies are more permissive than many state policies,
allowing police to keep up to 80 percent of assets they seize.
Asset forfeiture is fast growing -- in 2014, for instance, federal
authorities seized more than $5 billion in assets. That's more than the
amount of money lost in every single burglary that year.
Reformers had hoped that the suspension of the program in December was a
signal that the Justice Department was looking for ways to rein in the
practice. But that no longer appears to be the case.
"This really was about funding, not a genuine concern about the abuses
rampant in the equitable sharing system," said Scott Bullock, president of
the Institute for Justice, in an interview. The institute is a civil
liberties law firm that researches asset forfeiture and advocates on behalf
of forfeiture defendants. It has reported extensively on what it calls the
"profit motive" created by the Equitable Sharing Program: because police get
to keep a share of the items they seize, they have an incentive to take more
stuff.
Bullock said the suspension and return of equitable sharing demonstrate the
need for Congress to act on the issue. "Changes to forfeiture policy can be
swept away by the stroke of a pen," he said.
But the suspension of the program had outraged law enforcement groups. In a
statement last December, the heads of the International Association of
Chiefs of Police, the National District Attorneys Association and other
groups said in a joint statement that the changes would have "a significant
and immediate impact on the ability of law enforcement agencies throughout
the nation to protect their communities."
"We are seeing a lot more pushback from law enforcement," Bullock said.
"Even to the point where they are ... making budgetary appeals saying, 'we
need this for our bottom line.' And that's something that's been unusual to
see, and it goes to our point about what this is really about -- raising the
revenue," he added.
Law enforcement groups appear to have had some successes in rallying members
of Congress to their side. In January, New Hampshire Sens. Kelly Ayotte (R)
and Jeanne Shaheen (D) called on the Justice Department to restore the
payments.
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http://e-max.it/posizionamento-siti-web/socialize
