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Jeff Sessions Announces Justice Department Will Increase Asset Forfeiture
U.S. Attorney General Jeff Sessions said the Justice Department will issue new directives to increase the federal govenment's use of civil asset forfeiture, a controversial practice that allows law enforcement to seize property from suspected criminals without charging them with a crime.
Speaking at a National District Attorneys Association conference in Minneapolis Monday, Sessions said state and local law enforcement could expect changes from U.S. Attorneys in several areas: increased prosecution of gun crimes, immigration offenses, gang activity, and prescription drug abuse, as well as increased asset seizure by the federal government.
"[W]e hope to issue this week a new directive on asset forfeiture—especially for drug traffickers," Sessions said. "With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime. Adoptive forfeitures are appropriate as is sharing with our partners."
investigative series found that warrantless police seizures of cash through the equitable sharing program have boomed since 9/11, hauling in $2.5 billion.
Reason investigations of asset forfeiture data showed that Chicago's poor neighborhoods were hit hardest by asset forfeiture. Meanwhile in Mississippi, law enforcement recorded many big hauls of cash, but state court records were also littered with petty and abusive seizures.
Asset forfeiture opponents say the equitable sharing fund essentially allows local and state police to avoid state laws restricting asset forfeiture by going through the federal government.
Responding to increasing media scrutiny and public outcry, former Attorney General Eric Holder took limited steps in 2015 to reform the Justice Department's equitable sharing program.
Although the details have yet to be released, Sessions' directive appears likely to loosen the restrictions on "adoptions" of forfeiture cases by the federal government—an alarming prospect for opponents of asset forfeiture.
"Reversing the ban on adoptive seizures would revive one of the most notorious forms of forfeiture abuse," Sheth said. "So-called 'adoptive' seizures allow state and local law enforcement to circumvent state-law limitations on civil forfeiture by seizing property and then transferring it to federal prosecutors for forfeiture under federal law. Bringing back adoptive seizures would create a road map to circumvent state-level forfeiture reforms."
Sessions' upcoming directive to increase asset forfeiture comes as little surprise. Sessions, a former prosecutor and U.S. senator, has been a stalwart defender of asset forfeiture throughout his career. He has already dismantled Obama-era directives on drug sentencing guidelines and ordered a review of all of the existing consent agreements between the Justice Department and police departments that were found to be violating residents' constitutional rights.
#draintheswamp (thats inside Sessions head)
U.S. Attorney General Jeff Sessions said the Justice Department will issue new directives to increase the federal govenment's use of civil asset forfeiture, a controversial practice that allows law enforcement to seize property from suspected criminals without charging them with a crime.
Speaking at a National District Attorneys Association conference in Minneapolis Monday, Sessions said state and local law enforcement could expect changes from U.S. Attorneys in several areas: increased prosecution of gun crimes, immigration offenses, gang activity, and prescription drug abuse, as well as increased asset seizure by the federal government.
"[W]e hope to issue this week a new directive on asset forfeiture—especially for drug traffickers," Sessions said. "With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime. Adoptive forfeitures are appropriate as is sharing with our partners."
investigative series found that warrantless police seizures of cash through the equitable sharing program have boomed since 9/11, hauling in $2.5 billion.
Reason investigations of asset forfeiture data showed that Chicago's poor neighborhoods were hit hardest by asset forfeiture. Meanwhile in Mississippi, law enforcement recorded many big hauls of cash, but state court records were also littered with petty and abusive seizures.
Asset forfeiture opponents say the equitable sharing fund essentially allows local and state police to avoid state laws restricting asset forfeiture by going through the federal government.
Responding to increasing media scrutiny and public outcry, former Attorney General Eric Holder took limited steps in 2015 to reform the Justice Department's equitable sharing program.
Although the details have yet to be released, Sessions' directive appears likely to loosen the restrictions on "adoptions" of forfeiture cases by the federal government—an alarming prospect for opponents of asset forfeiture.
"Reversing the ban on adoptive seizures would revive one of the most notorious forms of forfeiture abuse," Sheth said. "So-called 'adoptive' seizures allow state and local law enforcement to circumvent state-law limitations on civil forfeiture by seizing property and then transferring it to federal prosecutors for forfeiture under federal law. Bringing back adoptive seizures would create a road map to circumvent state-level forfeiture reforms."
Sessions' upcoming directive to increase asset forfeiture comes as little surprise. Sessions, a former prosecutor and U.S. senator, has been a stalwart defender of asset forfeiture throughout his career. He has already dismantled Obama-era directives on drug sentencing guidelines and ordered a review of all of the existing consent agreements between the Justice Department and police departments that were found to be violating residents' constitutional rights.
#draintheswamp (thats inside Sessions head)
