Civil Forfeiture: Definition, Laws & Abuse

Civil forfeiture refers to the laws and regulations that permit the government to seize assets without filing criminal charges. In this lesson, you will learn about the history of civil forfeiture, how civil forfeiture works, and recent examples of governmental abuse.

Definition and Example

Did you know that the state and federal government can take your stuff without charging you with a crime? Through a legal process called civil forfeiture, the government can seize your personal property if they suspect that the property has been involved in a crime or if the private property represents proceeds of a crime. This means that police officers or law enforcement agents from other government agencies (like the FBI or the DEA) can take your money, your personal possessions, and even your house without ever charging you with a crime. Proponents of the practice of civil forfeiture argue that taking the 'tools of the trade' out of the criminals' hands enhances public safety by disrupting dangerous criminal operations, like drug trafficking rings.

For example, the police suspect that Tony Trafficker uses his speedboat in a drug trafficking operation. They also know that Tony keeps a large amount of cash on hand so that he can pay his suppliers. The police know that if they simply arrest Tony, Tony's confederates will continue to operate the drug trafficking business without him. Thanks to civil forfeiture laws, the officers can seize Tony's speedboat and cash with the hopes that the drug ring can no longer operate without those key assets.

The practice is very controversial, and the laws tend to work against the property owner. Let's discuss the history of civil forfeiture laws and how the practice works today.


Laws

The practice of civil forfeiture actually started a very long time ago. In the mid-1600s, a set of laws known as the British Navigation Acts permitted the seizure of any ship that refused to sail under the British flag. Later, during the colonial period, Congress based certain laws on the Navigation Acts to help in tax collection. While these early colonial practices helped the government generate revenue, they also angered the colonists.

Civil forfeiture laws were used in the 1920s during the Prohibition era when alcohol sales and production were illegal in the United States. Anyone found buying or selling alcohol would be subject to the seizure of the product and their cash.

Civil Forfeiture Abuse

Civil forfeiture in the modern era is intended to achieve three general goals: disrupt criminal operations, deter future criminal conduct, and raise money for law enforcement agencies. In the years since the 2008 financial collapse, cash-strapped agencies have employed civil forfeiture as a means of generating significant revenue.

Because the drug trade is a primary target of civil forfeiture operations, traffic stops are a frequent method used by officers to seize assets, like cash. Roadways in border states, such as Texas and New Mexico, are popular seizure spots. In 2005, a motorist was stopped in Texas, 90 miles from the Mexico border, by a local sheriff's deputy. The motorist was given a document to sign and told that if he didn't agree to handing over all of his cash, he would be charged with money laundering. The deputies seized roughly $10,000 in cash. The motorist sued the country, and won-- he was awarded his approximate $10,000 plus an additional $110,000 in damages as well as attorney fees.

Civil forfeiture is also a tool of the Internal Revenue Service (IRS). The IRS seized over $100,000 from a convenient store owner in North Carolina on the suspicion of tax evasion. The store owner fought the forfeiture, and the case was eventually dismissed.

Lesson Summary

Civil forfeiture is a procedure used by the federal and state governments to seize assets without filing a criminal charge. The process is intended to disrupt complex criminal operations, like drug trafficking rings. Civil forfeiture procedures originated in 1600s British Navigation laws and experienced a rebirth in the 1980s. Since then, civil forfeiture procedures have been abused in many cases in which law enforcement agencies have used the assets seized for unwarranted or unnecessary purchases.

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All we know is thief....nu.bu is a drug dealer criminal even Festus keyamo can testify to it.

If my account is used by online fraud stars without my knowledge,and they deposit a sum of 10 million naira on Friday and I don't get an alert but the EFCC through the bank decides to block it.Under civil forfeiture law,I will loose such because it's not mine in the first place and I don't know the fraud stars.Even if I know them,I was not aware that they have access to my account details and I never gave it to them. in this case I will walk.
However,if some criminals use my house at Maitama in Abuja to keep thier kidnapped victim knowing fully well that I've traveled to Afghanistan and the government decide to take over my building sitting civil forfeiture,I have the right to go to court and reclaim my property as long as I can prove that I'm not complacent in the activities of the kidnappers .If I choose not to,it might be a implied way of saying I'm guilty and I've accepted that my building be forfeited but don't prosecute me.
This matters are subject to court interpretations.