Comprehensive Federal Civil Forfeiture Reform Introduced in U.S. House & Senate

[MachineGhost]

I see Rand Paul is good for something (besides rhetoric) after all!  Presenting the Fifth Amendment Integrity Restoration Act of 2015: http://www.paul.senate.gov/files/documents/ALB15102.pdf

[quote=http://ij.org/civil-forfeiture-release-1-27-2015]
The FAIR Act would enact simple, commonsense but urgently needed changes to federal civil forfeiture law. 

    The FAIR Act would curb the profit incentive by prohibiting the Department of Justice from retaining seized assets for its own use. Property forfeited by the DOJ would have to go to the General Fund of the Treasury. That was where forfeited property and funds were sent before the law was changed in 1985. Since the profit incentive was put into the law, forfeiture revenue—and abuses—have skyrocketed.
   
    The bill would abolish the equitable sharing program for civil forfeiture, which allows local and state law enforcement agencies to circumvent stronger state restrictions by teaming up with federal agencies to pursue forfeitures under more lucrative federal law.
   
    It would require the government to prove property is subject to forfeiture by “clear and convincing”? evidence, instead of a mere “preponderance of the evidence”? which is currently required. 
   
    It would restore the principle of “innocent until proven guilty”? by shifting the burden from the property owner to the government to prove that the owner had knowledge that his property was used in criminal activity.
   
    The FAIR Act would provide indigent property owners with appointed counsel in civil forfeiture proceedings.
   
    It protects innocent small business owners by codifying the new IRS policy limiting prosecution of “structuring”? cases to those involving funds not derived from a legitimate source.  Anti-structuring laws were aimed at catching serious criminals who made frequent, small cash transactions to avoid bank reports to the U.S. Treasury concerning large cash transactions. Increasingly, those laws have been used to take money from innocent small businesses who deal with a lot of cash.
   
    The FAIR Act would insert a criminal intent requirement that individuals knowingly “structured”? their cash transactions for the purpose of evading currency reporting requirements.
   
    It includes a hearing requirement to allow individuals and small business owners a prompt opportunity to contest the seizure of their funds for alleged structuring violations.
[/quote]

I'm really cynical a 10-page bill would pass fixing all this.  Is there enough grassroots outrage after 25+ years to get it done?  Hope is a four lettered word.

[moda0306]

Can't say I'm very familiar with this topic, overall.  But it certainly sounds like a good idea.  I really like Rand Paul sometimes.

[Pointedstick]

Good stuff.

[MachineGhost]

See, if a dude like Moda can like Rand Paul, I think he has a chance.

You may have a point.  But all politicians grandstand sooner or later.  If it actually passes, then maybe the voters are ready for him.  His father's audit the Fed bills went nowhere for decades.

[moda0306]

Can't say I'm very familiar with this topic, overall.  But it certainly sounds like a good idea.  I really like Rand Paul sometimes.

See, if a dude like Moda can like Rand Paul, I think he has a chance.

I find myself either rolling my eyes (Medicare is holding a gun to doctors heads and is therefore the equivalent to slavery) or silently cheering in support of the guy.

I would consider voting for him against Hillary. Although, I think it's more important that he be a strong voice in the election than anything. I'd be a bit weary of his fed chairman pic. That alone scares me about as much or more than any aspect of his being being president.