Jewelry business owners Henry and Minh Cheng of California sold a bulk order of gold chains to a retailer in Virginia, which agreed to mail $43,000. The money never made it. Police officers in Indiana, where the package was routed through a FedEx shipping facility, seized the cash. Neither the Chengs nor the Virginia retailer were charged with a crime, but the government took the money, claiming that large cash shipments are associated with criminal activity. The couple, backed by the nonprofit Institute for Justice, is suing the state in a class action, claiming a pattern of unlawful package seizures at the facility. Law enforcement was able to take the money through the controversial practice of civil asset forfeiture. Critics say the procedure amounts to legalized government theft, at times from ordinary, innocent Americans.
Government officials disagree, saying the power to seize cash, cars and even houses allows the government to cut off criminals’ resources and disincentivize crime, especially as it relates to drug trafficking. Critics say it has become a booming source of profit for law enforcement, whichs in many states pocket most of the proceeds, reports USA Today. “Ordinary Americans who have done no wrong are at risk,” said University of Pennsylvania law Prof. Louis Rulli. “Just because you haven’t done anything wrong does not mean you’re safe from civil forfeiture, and it’s very costly and very difficult to fight the government.” Civil forfeiture has been effectively eliminated in North Carolina, Nebraska, New Mexico and Maine, according to the Institute for Justice. Dozens of other states have tried reforming their laws. Some have elevated the standard for burden of proof that law enforcement has to have to seize property. Congress is considering the Fifth Amendment Integrity Restoration (FAIR) Act, which would raise the standard of proof for the government; require providing counsel for someone who can’t afford it when their home is being taken; and prevent federal the evasion of state laws. It’s a rare issue that has agreement between liberals and conservatives, Rulli said.
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