Forfeiture: a Welcome Reform

It takes a rare set of circumstances to bring the American Civil Liberties Union and the National Rifle Assn. together. But such was the level of common outrage at the abuses committed in the use of one of the most flawed tools in the war on drugs: federal asset forfeiture laws. Congress and the Clinton administration have, in the correct response, agreed to rein in the forfeiture program to protect law-abiding citizens.

Today’s federal forfeiture laws started to take hold in the early 1980s. In 1981 they allowed, for the first time, the seizure of property without a related drug seizure or arrest of the owners. Then, an addition to federal drug laws allowed agents to seize property that could be shown to have been purchased with drug money. States quickly followed suit with their own forfeiture laws modeled on the federal program. Cars, houses, boats and more ended up on the auction block, with the proceeds enriching law enforcement agencies.

The concept had persuasive selling points. What better way to help outgunned and out-funded law enforcement than to use ill-gotten gains to fight trafficking? What better way to hit drug traffickers where it hurt most? But the good idea went awry, bending if not breaking the concept of being innocent until proven guilty in a court of law. One egregious case, a botched Ventura County drug raid by federal agents and Los Angeles County officials, resulted in the death of millionaire rancher Donald Scott. No drugs were found, and suspicions were raised that authorities had been enticed by the value of Scott’s land. County officials agreed this past week to a payout of $4 million to Scott’s family.

Once property was seized, the costly legal onus was on citizens, not on the government, to prove that the assets had been achieved honestly. Years might pass before property was returned, and some victims could not afford to pursue the matter.

Now, the Civil Asset Forfeiture Reform Act of 2000 swings the pendulum rightly back the other way. The burden of proof will be on the government to show “by a preponderance of the evidence” that the assets were obtained through drug sales. Severe restrictions on appealing the seizures have been lifted, and the victims’ attorney fees will be paid if they prevail.

Legal experts say that state and local police as well will have to adhere to the new standards if the case involves federal authorities. It’s a correction that can’t come soon enough.