Taken: The Use And Abuse Of Civil Forfeiture

“Hundreds of state and federal laws authorize forfeiture for cockfighting, drag racing, basement gambling, endangered-fish poaching, securities fraud, and countless other misdeeds. In general, you needn’t be found guilty to have your assets claimed by law enforcement; in some states, suspicion on a par with ‘probable cause’ is sufficient. Nor must you be charged with a crime, or even be accused of one. Unlike criminal forfeiture, which requires that a person be convicted of an offense before his or her property is confiscated, civil forfeiture amounts to a lawsuit filed directly against a possession, regardless of its owner’s guilt or innocence.”

http://www.newyorker.com/reporting/2013/08/12/130812fa_fact_stillman?currentPage=all

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