The Weekly Video Address can be found here.
Asset Forfeiture Laws, 6-9-16
Asset forfeiture laws are important and valuable tools for law enforcement to gain control over assets used to further terrorism and the drug trade.
But there have been excesses and the tools are ripe for abuse.
Over the last several years I’ve heard concerns and read numerous stories about the problems associated with the program.
I held hearings last year in the Senate Judiciary Committee to further explore what we were hearing.
For instance, the process allows for a person who has been convicted of no crime, and in fact is often not even charged with a crime, to lose his property if the property is suspected to be owned as a result of wrongdoing.
So, I’m introducing a bill to strengthen procedural protections for individuals whose property is seized.
The bill is the product of months of bipartisan and bicameral discussions.
We create and enhance several protections in the bill.
One, it extends time periods to make a challenge to seizures.
Second, it provides that lawyers will be made available to people who cannot afford them.
And third, it creates a hearing in which the court can explain to the person whose property was seized what their rights are.
In addition, it overturns a Supreme Court decision where we would allow a defendant to seek a hearing to show that the assets being used to hire an attorney of his choice were not derived from the proceeds of the criminal activities he has been charged with committing.
Lastly, it codifies a new practice used by the IRS to restrict seizures in structuring cases. This can help small business owners who may be making cash transfers to a bank not get caught up with an overly aggressive IRS.
The problems associated with civil asset forfeiture need to be addressed.
This bill is a step in the right direction.
