Congress Puts Burden on U.S. in Seizing of Assets

Parents whose kids get caught growing marijuana at home will be among those in less danger of losing their property under legislation Congress completed Tuesday that would make it harder for the federal government to seize assets connected to crime.

The legislation, supported by groups ranging from the American Civil Liberties Union to the National Rifle Assn., passed the House on a voice vote. The bill has already won Senate approval and is expected to be signed by the president.

The legislation would shift the burden of proof in asset forfeiture cases from the property owner, where it now lies, to the government.

Key sponsors, including the chairmen and ranking Democrats of both the House and Senate Judiciary committees, have argued that while civil forfeiture is a valuable law enforcement tool, particularly against drug traffickers, changes are needed to stop abuses that victimize innocent property owners.

The House Judiciary panel cited as examples of abuse a 1993 case in which police in a Seattle suburb seized a Mexican restaurant as part of the arrest of the brother of the owner who, without the knowledge of the owner, was charged with selling a small quantity of cocaine in the restaurant restroom. After five days of lost business and negative press, the owner’s lawyer got the decision reversed.

In 1998, the U.S. attorney’s office in Houston seized a motel in a high-crime area of the city, charging that the owners had “tacitly approved” alleged drug activity by guests in the motel’s rooms. There were no allegations that the owners participated in any crimes, and the government, before dropping its forfeiture proceedings five months later, at one point recommended that the motel raise room rates as a security measure.

“Who would have believed that under our current law the government could confiscate a person’s private property on a mere showing of probable cause?” said Rep. John Conyers Jr. of Michigan, top Democrat on the Judiciary Committee.

Last year alone, the government seized nearly $500 million worth of assets linked to criminal activities under federal forfeiture procedures dating back to the 19th century.

Under the bill, the government must show “by a preponderance of the evidence” that homes, cars, boats or airplanes it seeks to seize are linked to crime.

It allows federal judges to release property to the owner if continued government possession causes substantial hardship, extends the time a property owner has to challenge a seizure in court and ends the requirement that owners post bond.