U.S. Rep Tim Walberg reintroduces bill to curtail civil asset forfeiture

U.S. Rep. Tim Walberg is trying again to pass a bill to reform federal civil asset forfeiture laws.

The Tipton Republican is joined by Rep. Jamie Raskin, D-Md., in reintroducing the Fifth Amendment Integrity Restoration Act (FAIR Act), a news release from Walberg's office said. The legislation would raise the level of proof necessary for the federal government to seize property; reforms the IRS structuring statute to protect innocent, small-business owners; and increases transparency and congressional oversight.

Federal law enforcement agencies are allowed to seize the assets of people or businesses charged with committing certain crimes before they are convicted, or sometimes without being charged, under the supposition that those belongings were gained through alleged criminal behavior. Some states also allow assets to be seized in similar circumstances. Michigan updated its asset forfeiture laws in 2015 to make it more difficult for police to hold onto property seized during an investigation.

Reclaiming belongings seized by law enforcement can be a long, expensive court process.

“It’s been far too easy for the government to seize a private citizen’s property, in some cases even without criminal charges being brought,” Walberg said in the release. “The FAIR Act brings important reforms to limit government overreach and restores constitutional rights. Across the political spectrum, the FAIR Act has garnered support and I look forward to my continued work with Congressman Raskin as we fight to get this critical legislation signed into law.”

"The lawless seizure and ‘forfeiture’ of people’s private property by police officers is becoming standard operating procedure in many parts of the country," Raskin said in the release. "We want to restore the presumption of innocence, fair judicial process, and the opportunity to be heard. I’m proud to introduce this important bipartisan legislation with my friend Rep. Walberg to rein in civil asset forfeiture and restore due process rights.”

Joining Walberg and Raskin as original co-sponsors of the FAIR Act are Reps. Kelly Armstrong, R-N.D., Tony Cárdenas, D-Calif., Tom McClintock, R-Calif., and Joe Neguse, D-Colo.

“Civil asset forfeiture is an important tool, but it needs reform,” Armstrong said in the release. “Innocent until proven guilty has little meaning if law enforcement can seize your assets before you ever appear in a court on a criminal charge. This bipartisan bill takes important steps such as ending equitable sharing and providing additional due process to protect private property from unjust seizure.”

“Seizing property and handing it over to the government without proof of wrongdoing is fundamentally un-American,” Cárdenas said in the release. “In the United States, we are innocent until proven guilty, and the government may not seize our property without just cause. It’s past time to reform our civil asset forfeiture system and make it fairer for the American people.”

“The current process of civil asset forfeiture is in direct contradiction to the basic premise of American justice: an individual is innocent until proven guilty," McClintock said in the release. "As such, civil asset forfeiture violates the rights guaranteed to Americans under the Constitution. I am pleased to cosponsor the FAIR Act, which returns the presumption of innocence to American citizens.”

Walberg has sponsored similar legislation several times, most recently in 2021 with Raskin.

On the Net: The text of the FAIR Act is available at tinyurl.com/WalbergFAIRAct2023.

This article originally appeared on The Daily Telegram: Walberg reintroduces bill to curtail civil asset forfeiture