The National Motorists Association has, for some years now, been fighting to protect motorists from abusive Civil Asset Forfeiture laws. For those unaware of how this abuse of the public’s trust operates, Civil Asset Forfeiture allows police departments to seize assets such as cash, vehicles, houses and other valuables simply on the allegation that those assets might have some connection to a crime. In most cases, those whose assets have been seized have little due process protections. Police can seize the assets and then the property owner must prove their innocence. This turns the concept of “innocent until proven guilty” on its head and makes a mockery of the justice system. Often, the process of proving one’s innocence is so burdensome that the property owner simply gives up and forfeits their assets. And guess who gets to keep these valuable assets? The law enforcement agency that seized them in the first place. This is a clear conflict of interest and creates a situation ripe for abuse. Motorists traveling on our nation’s roadways are especially susceptible to this abuse of government power.
Of course, the NMA doesn’t condone illegal behavior by motorists or anyone else, but Civil Asset Forfeiture laws in the U.S. must be reformed. This past week, a bipartisan group of congressional lawmakers lead by U.S. Representatives Tim Walberg (R-MI) and Jamie Raskin (D-MD) reintroduced legislation in the House of Representatives to do just that. The NMA, through our Director of Policy, Jay Beeber, and our representative in Washington D.C., Rob Talley, will closely watch this legislation and lend our support to its passage and eventual signature by the President. And when the time comes, we’ll let you know how you can help. Stay tuned.
You can read the press release from Congressman Walberg’s office below.
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Washington, D.C. — Today, U.S. Representatives Tim Walberg (R-MI) and Jamie Raskin (D-MD) reintroduced the Fifth Amendment Integrity Restoration Act (FAIR Act), a comprehensive reform to our nation’s civil asset forfeiture laws. The FAIR Act raises the level of proof necessary for the federal government to seize property, reforms the IRS structuring statute to protect innocent small business owners, and increases transparency and congressional oversight.
“It’s been far too easy for the government to seize a private citizen’s property, in some cases even without criminal charges being brought,” said Rep. Walberg. “The FAIR Act brings important reforms to limit government overreach and restores constitutional rights. Across the political spectrum, the FAIR Act has garnered support and I look forward to my continued work with Congressman Raskin as we fight to get this critical legislation signed into law.”
“The lawless seizure and ‘forfeiture’ of people’s private property by police officers is becoming standard operating procedure in many parts of the country,” said Rep. Raskin. “We want to restore the presumption of innocence, fair judicial process, and the opportunity to be heard. I’m proud to introduce this important bipartisan legislation with my friend Rep. Walberg to rein in civil asset forfeiture and restore due process rights.”
Joining Walberg and Raskin as original co-sponsors of the FAIR Act are Reps. Kelly Armstrong (R-ND), Tony Cárdenas (D-CA), Tom McClintock (R-CA), and Joe Neguse (D-CO).
“Civil asset forfeiture is an important tool, but it needs reform,” said Rep. Armstrong. “Innocent until proven guilty has little meaning if law enforcement can seize your assets before you ever appear in a court on a criminal charge. This bipartisan bill takes important steps such as ending equitable sharing and providing additional due process to protect private property from unjust seizure.”
“Seizing property and handing it over to the government without proof of wrongdoing is fundamentally un-American,” said Rep. Cárdenas. “In the United States, we are innocent until proven guilty, and the government may not seize our property without just cause. It’s past time to reform our civil asset forfeiture system and make it fairer for the American people.”
“The current process of civil asset forfeiture is in direct contradiction to the basic premise of American justice: an individual is innocent until proven guilty,” said Rep. McClintock. “As such, civil asset forfeiture violates the rights guaranteed to Americans under the Constitution. I am pleased to cosponsor the FAIR Act, which returns the presumption of innocence to American citizens.”
The text of the FAIR Act is available here.
Jeb Houpt
Legislative Assistant
Congressman Tim Walberg (MI-05)
Phone: 202-225-6276
2266 Rayburn HOB, Washington, D.C. 20515
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