Civilian asset forfeiture is the seizure of assets suspected to be involved in a crime. It originated in the US to curb drug trafficking and has spread to other nations. Governments argue it deters crime and increases law enforcement budgets, but critics argue it encourages “policing for profit” and can seize innocent people’s property. Laws vary by region and country, and individuals facing seizure should hire an attorney.
Civilian asset forfeiture is the seizure of assets by the government if it suspects they were involved in the commission of a crime. While the parties to the crime are prosecuted in criminal proceedings for their acts, the seizure of their assets occurs in civil proceedings, where the standards of proof are lower, and it is for the defendant to prove the innocence of the assets, rather than government liability to prove they were used in a crime. This practice originated in the United States as part of that nation’s attempt to curb drug trafficking and has since spread to other nations.
In one example of how civilian asset forfeiture can work, if government officials stage a raid on a property where marijuana is grown and seize plants for destruction, they can also seize anything used in connection with the crime. This includes growing equipment, vehicles, scales, packing supplies, and the property itself, as without the property the suspected criminal would not have been able to grow marijuana. Civilian asset forfeiture is also available for other drug cases, and in some regions it has extended to crimes such as drunk driving and terrorism.
Governments argue that forfeiture of civilian assets creates an additional risk of penalties that can make criminals think twice. The thought of jail time might be a concern, but the risk of losing real estate is an even bigger concern for some criminals, for example. The property, once seized, can be sold and used to finance further law enforcement activities. It can remain with local authorities or go to the national government, which can decide how to apply the funds. Thus, civilian asset forfeiture increases law enforcement budgets, providing a mechanism to get more police officers on the street and purchase the necessary equipment.
Substantial criticisms of this practice have been raised by civil rights advocates and organizations concerned with property rights. Some argue that it encourages “policing for profit,” creating an incentive to seize assets, and that property can be seized from innocent people. Seizures can also wipe out property not used for criminal purposes, such as personal vehicles that have never been involved in drug trafficking.
Civil asset forfeiture laws vary by region and by country. Individuals facing civil actions for seizure of their assets should hire an attorney to discuss their options and develop an aggressive defense if they want to keep their assets.
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