Attorney general curtails asset forfeitures

Staff/wire reports

WASHINGTON

U.S. Attorney General Eric Holder has curbed the federal government’s role in a civil-asset forfeiture program involving local and state law- enforcement agencies.

Federal agencies no longer will take possession of assets seized by local or state law enforcement under state law, unless the property “directly relates to public-safety concerns, including firearms, ammunition, explosives and property associated with child pornography,” Holder said.

“The prohibition on federal adoption includes, but is not limited to, seizures by state or local law enforcement of vehicles, valuables and cash,” he said.

The U.S. Department of Justice long has allowed local law-enforcement agencies to turn over seized assets to the federal government and then share in the proceeds.

The program was developed at a time when most states didn’t have their own asset-forfeiture laws and didn’t have legal authority to forfeit seized assets.

But Holder says because all states now have civil or criminal asset-forfeiture laws, it’s no longer necessary for local law enforcement to turn over seized property.

“I don’t think that edict is going to have much impact around here,” said Paul J. Gains, Mahoning County prosecutor. “It’s not going to have any impact on my office.

“I can’t recall any forfeitures without evidence of a crime,” he said of cases handled by his office.

When his office gets involved in a forfeiture, it’s through a forfeiture specification attached to an indictment that contains a criminal charge or charges, he said.

“The 14th Amendment [to the U.S. Constitution] doesn’t allow you to just seize property without due process of law,” Gains said.

“This is a significant advancement to reform a practice that is a clear violation of due process that is often used to disproportionately target communities of color,” said Laura W. Murphy, Washington legislative office director of the American Civil Liberties Union.

“Now, Congress and state governments should pass legislation to end the practice of seizing innocent Americans’ property and protect their due process,” she said on behalf of the civil-liberties advocacy organization.

Holder said his order does not apply to seizures:

By state and local authorities working with federal authorities in a joint task force.

By state and local authorities resulting from joint federal-state investigations or that are coordinated with federal authorities as part of ongoing federal investigations.

Pursuant to warrants obtained from federal courts to take custody of assets originally seized under state law.

Holder also said his order does not affect the ability of state and local agencies to pursue asset forfeitures under their respective state laws.

“The new policy will ensure that these authorities can continue to be used to take the profit out of crime and return assets to victims, while safeguarding civil liberties,” Holder said.