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Anthonia Nwaorie, a resident of Texas, was all set to board a flight to Nigeria with the intention of starting a medical clinic for underprivileged women and children in need of healthcare. Unfortunately, federal agents seized the funds she was bringing to start the clinic.
Let it be known that Anthonia was not engaged in any illegal activities or involved in any drug trade. She was, in fact, a grandmother and a registered nurse who had not been charged with any crime whatsoever.
Anthonia found herself entangled in a lengthy legal battle with Customs and Border Protection (CBP) when she refused to waive her constitutional rights in exchange for the money. Sadly, Anthonia’s case is not unique, as many others have fallen prey to immoral government seizures and the subsequent legal headaches.
DOJ KEEPING A WATCHFUL EYE ON AMERICANS, SPENDING OVER $6 BILLION TO SUPPORT CIVIL ASSET FORFEITURES, REPORTS WATCHDOG
In 2013, Terry Dehko, a grocer from Michigan, woke up to discover that his store’s bank account had been emptied. The IRS had seized over $35,000 using civil forfeiture. Terry would regularly deposit cash from customers, fully aware that his commercial insurance policy only covered cash losses up to $10,000.
From 2000 to 2019, the government seized over $50 billion, even in the absence of any committed crimes. (iStock)
The IRS did not bother with any inquiries but quickly seized the money, unleashing a nightmare for the Dehko family. Since then, civil forfeiture has been at the forefront of my thoughts.
In contrast to criminal proceedings, civil forfeiture does not require proof beyond a reasonable doubt. The government can seize and retain cash, cars, and other assets without securing a conviction, often without providing any evidence in any court of law.
In over 90% of federal cases, property owners are overwhelmed by the government’s complex procedures and end up losing their assets administratively.
While we, as Americans, take due process for granted, individuals caught in civil asset forfeiture proceedings are considered guilty until proven innocent.
Cases like Anthonia’s and Terry’s are not uncommon. They are just two examples among thousands that highlight the necessity of H.R. 1525, the Fifth Amendment Integrity Restoration (FAIR) Act. I introduced this bipartisan measure alongside Rep. Jamie Raskin, D-MD, to combat civil forfeiture abuse nationwide and restore due process to all Americans. In June, the FAIR Act received unanimous approval from the House Judiciary Committee.
Some proponents of civil forfeitures argue that the bill would dismantle a weapon in the fight against drugs and aid drug cartels. As a lifelong supporter of law enforcement, I take these concerns seriously. However, these critics fail to provide substantiated claims, and research contradicts their narrative.
Research indicates that eliminating civil forfeiture at the state level, as New Mexico did in 2015, does not lead to an increase in crime or a decrease in arrest rates. Another study shows that receiving more forfeiture revenue through federal partnerships, known as equitable sharing, does not translate to a greater number of solved crimes or reduced drug usage.
The lack of correlation can be attributed to the perverse incentives embedded in civil forfeiture practices. Federal and state laws permit participating agencies to keep 100% of the proceeds for themselves, creating a system where they can self-fund through aggressive enforcement focused on activities that are likely to generate financial gains.
Unlike criminal proceedings, civil forfeiture does not require proof beyond a reasonable doubt. The government can seize and keep cash, cars, and other assets without a conviction — often without proving anything by any standard in any court.
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Agencies can become reliant on this revenue, which funds items ranging from armored vehicles to luxury travel, as well as everyday operational expenses. When budgets get tightened, priorities may shift from fighting crime to generating revenue.
The numbers are staggering. From 2000 to 2019, federal agencies seized over $45.7 billion through forfeiture, while paying out an additional $8.8 billion to state and local agencies through equitable sharing.
The FAIR Act would eliminate the financial incentive by directing civil forfeiture proceeds to the General Fund of the U.S. government and discontinuing equitable sharing. Joint operations with state and local agencies could still be carried out, along with civil forfeiture. However, additional safeguards would be implemented to protect individuals like Anthonia Nwaorie and Terry Dehko.
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In addition to ending the profit motive and equitable sharing, the bill would put an end to administrative forfeiture, enabling all property owners to have their day in court. Government officials would no longer be able to “seize first and ask questions later,” leaving victims to navigate the process on their own, just like Anthonia and Terry were forced to do.
The FAIR Act presents a golden opportunity to safeguard Americans and their assets from government overreach and uphold fundamental rights, such as due process, enshrined in our Constitution. It is imperative that we pass the FAIR Act to protect the rights of American citizens.
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