Justice Department Shuts Down Federal Asset Forfeiture Program

[eridani]

http://readersupportednews.org/news-section2/318-66/34249-justice-department-shuts-down-federal-asset-forfeiture-program

The Department of Justice announced this week that it's suspending a controversial program that allows local police departments to keep a large portion of assets seized from citizens under federal law and funnel it into their own coffers.

The "equitable-sharing" program gives police the option of prosecuting asset forfeiture cases under federal instead of state law. Federal forfeiture policies are more permissive than many state policies, allowing police to keep up to 80 percent of assets they seize -- even if the people they took from are never charged with a crime.

The DOJ is suspending payments under this program due to budget cuts included in the recent spending bill.

"While we had hoped to minimize any adverse impact on state, local, and tribal law enforcement partners, the Department is deferring for the time being any equitable sharing payments from the Program," M. Kendall Day, chief of the asset forfeiture and money laundering section, wrote in a letter to state and local law enforcement agencies.

In addition to budget cuts last year, the program has lost $1.2 billion, according to Day's letter. "The Department does not take this step lightly," he wrote. "We explored every conceivable option that would have enabled us to preserve some form of meaningful equitable sharing. ... Unfortunately, the combined effect of the two reductions totaling $1.2 billion made that impossible."

Asset forfeiture has become an increasingly contentious practice in recent years. It lets police seize and keep cash and property from people who are never convicted — and in many cases, never charged — with wrongdoing. Recent reports have found that the use of the practice has exploded in recent years, prompting concern that, in some cases, police are motivated more by profits and less by justice.

Criminal justice reformers are cheering the change. "This is a significant deal," said Lee McGrath, legislative counsel at the Institute for Justice, in an interview. "Local law enforcement responds to incentives. And it's clear that one of the biggest incentives is the relative payout from federal versus state forfeiture. And this announcement by the DOJ changes the playing field for which law state and local [law enforcement] is going to prefer."

[Hoyt]

1. Good. Way too much incentive for abuse under this program.

[nadinbrzezinski]

2. Bad, baad reporter

here, from the actual PDF...

While we had hoped to minimize any adverse impact on state, local, and tribal law
enforcement partners, the Department is deferring for the time being any equitable sharing
payments from the Program. Thus, effective immediately, the Department will defer all
equitable sharing payments to our state, local, and tribal partners and transfers of any items for
official use. Payments that have already been executed by the U.S. Marshals Service will be
transmitted to recipients. Funds already disbursed to state, local, and tribal agencies may
continue to be expended and reported in accordance with the Guide to Equitable Sharing.

http://www.theiacp.org/portals/0/documents/pdfs/RescissionImpactonEqutiableSharing122115.pdf

Thanks though, I missed this one, and now that I have it, I can write a story. This is important stuff though.

[BlueJazz]

3. Finally. There have been many cases in which the police have turned that law into ...

...a lottery game.

[shawn703]

4. Not because it's the right thing to do

But because it cost the DOJ too much money.

[Liberal_in_LA]

5. Good

[pnwmom]

6. Thanks. And of course this isn't good enough. It needs to be shut down permanently.

The idea that property can be taken without any finding of guilt should have been declared unconstitutional long ago.

[Ikonoklast]

12. 1789. Civil asset forfeiture has been legal since the first federal statute covering it was passed.

Good luck in trying to get over 200 years of rulings overturned.

[closeupready]

14. Which is why, in response, God created numbered Swiss bank accounts.

[Proserpina]

7. The Program isn't ended

just the payoffs to the local pigs.

The forfeiture program itself has to end.

People are being unfairly taxed to support the Injustice Dept. by this seizure of assets for no reason whatsoever.

[tblue37]

8. It has always been barely disguised highway robbery. nt

[NobodyHere]

9. Thanks Obama!

Bout fucking time. If only you've could've closed it for ethical reasons.

[lpbk2713]

10. A lot of law enforcement types will retire now that the well has gone dry.

They'll move to the Caymans to be close to their nest egg.

[TeamPooka]

11. Great. Now take away their miltary level weaponry being used against our civilian population. nt

[bettyellen]

13. awesome.