How Congress Can Protect Americans from Government's Civil Forfeiture—and Why It Should

Can the U.S. Congress solve this problem?

The U.S. government can actually collect your money using civil forfeiture. Some experts even described this act as legally stealing Americans' money even if residents are not involved in any crime.

Why Americans Should Worry About US Government's Civil Forfeiture

How US Congress Can Protect Americans from Government's Civil Forfeiture—And Why It Should
The U.S. Capitol is seen ahead of the State of the Union on February 4, 2020 in Washington, DC. U.S. President Donald Trump is expected to deliver his State of the Union Address to a joint session of the U.S. Congress tonight. Sarah Silbiger/Getty Images

According to Fox News' latest report, civil forfeiture is very different from criminal proceedings.

This is because the process doesn't require proof beyond a reasonable doubt. With civil forfeiture, the government can easily collect cars, cash, and other assets without a conviction.

Authorities can do this even before they can prove anything by any standard in any court. Some Americans tend to take due process for granted.

But, for U.S. residents who are trapped in civil asset forfeiture, due process is essential because they are considered guilty until proven innocent.

Some studies have already shown evidence that civil forfeiture doesn't translate to less drug use or more crimes solved. Other research also revealed that removing civil forfeiture doesn't increase crimes or reduce arrest rates.

This was shown in New Mexico when officials removed civil forfeiture back in 2015. If this is the case, then why is the U.S. government still using this process?

What U.S. Congress Can Do?

How US Congress Can Protect Americans from Government's Civil Forfeiture—And Why It Should
The U.S. Capitol stands after Attorney General William Barr told the House and Senate Judiciary Committees in a letter that Special Counsel Robert Mueller had completed his investigation into Russian interference in the 2016 election, March 22, 2019 in Washington, DC. Barr said he may be able to brief members of Congress. Drew Angerer/Getty Images

Civil forfeiture is used by U.S. authorities to take assets from individuals who are suspected of involvement with illegal activities or crimes.

But, since numerous studies also proved that this process doesn't really benefit Americans, the U.S. Congress should do something about it.

U.S. Rep. Tim Walberg said that he recently introduced the FAIR Act (Fifth Amendment Integrity Restoration) or H.R. 1525.

The FAIR Act aims to remove the most abusive kind of civil forfeiture.

Rep. Tony Cardenas (D-CA), one of the original co-sponsors of the FAIR Act, said that confiscating property and sending it to the government without any proof of a crime is not American-friendly.

"In the United States, we are innocent until proven guilty, and the government may not seize our property without just cause," he said via Forbes.

"It's past time to reform our civil asset forfeiture system and make it fairer for the American people," added Walberg.

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