subject: Recovering From Civil Asset Forfeiture [print this page] Asset forfeiture has emerged as one of the most valuable tools in the state's battle against organized crime and terrorism. It encompasses the process of state-sponsored confiscation of assets that are either proceeds of criminal activities or materials that were actually employed during the commission of the crime. The 9/11 attacks and the continuing drug menace have jolted the law-enforcement apparatus into action. More teeth have been added to Asset Forfeiture laws in order to empower the state to seize most suspects' properties. While this may seem to be necessary at first glance, it also comes with its fair share of drawbacks.
Necessity of Civil Asset Forfeiture
In most developing countries, a huge swathe of public resources has been siphoned off by dishonest government officials and contractors. This stolen money is then transferred to banks in more developed countries to ensure that detection and recovery is nearly impossible. In the United States, while corruption may not be as pervasive, the organized crime syndicates and terrorist networks have access to copious monetary resources. These ill-gotten earnings are used by heads of these networks to keep themselves insulated from the actual acts of violence and subsequent criminal proceedings. Freezing and recovery of all these assets is the only way to deal a lethal blow to such criminal groups.
Fate of forfeited assets
The United States Marshals Service is accountable for the management and appropriate disposal of all assets seized by the Depart of Justice. Similarly, the US Treasury Department is responsible for all forfeitures made by Treasury Agencies. Current estimates peg the value of such forfeited assets to be in excess of a billion dollars. These departments are entrusted with the job of selling these seized properties either at auctions or to private parties to ensure the maximum returns possible. The proceeds from these sales are then used to financially bolster law enforcement agencies.
Wrongful Seizure of Assets
Many a times, over-zealous police officers are known to indulge in seizures without sufficient evidence. Many complaints have been received from victims of asset forfeiture during vehicle stops. The presumption made in such cases is that anyone travelling with large sums of cash is involved in the illegal drug industry. In order to avoid further interaction with the law enforcement apparatus, most victims prefer to allow the highway police to seize their assets and sign a waiver promising to stay away from the state.
Recovery of Wrongfully Forfeited Assets
Asset recovery is an extremely tricky proposition that could leave the victim entangle in a web of litigation. The assumption that everyone is innocent until proven guilty is not followed in such cases. It is always advisable to employ the services of a legal expert in order to navigate the intricate web of legal procedures for asset recovery.
