Paul, Walberg Introduce Legislation to Restrain Government Forfeiture Powers
Press Release
Senator Rand Paul and Representative Tim Walberg reintroduced the Fifth Amendment Integrity Restoration Act (FAIR Act) today, legislation to protect the rights of property owners and restore the Fifth Amendment's role in civil forfeiture proceedings. The FAIR Act represents the most comprehensive forfeiture reform bill introduced since the Civil Asset Forfeiture Reform Act of 2000.
Under current law, agencies like the Internal Revenue Service and Department of Justice may take property suspected to be in connection with a crime without charging, let alone convicting, the property owner of a crime.
"America was founded on the principles of due process and property rights," Rep. Walberg said. "These principles must be defended, not undermined by a system that allows the government to seize an individual's private property without filing criminal charges. At a time when trust between government and its citizens is quickly eroding, the FAIR Act intends to return the balance of power back to the American people and away from an overreaching federal government."
"The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will ensure that government agencies no longer profit from taking the property of U.S. citizens without due process, while maintaining the ability of courts to order the surrender of proceeds of crime. I will continue to do all I can to protect the rights of Americans and ensure that their Fifth Amendment rights are no longer infringed upon," Sen. Paul said.
In the 113th Congress, Walberg introduced legislation to curb civil asset forfeiture abuses in direct response to a wave of stories involving innocent property owners having their property seized by federal officials. In Michigan, a longtime grocer, Terry Dehko, had his bank accounts seized by IRS because they suspected him of being a money launderer. The charges were never filed, but Mr. Dehko had to prove that his money was not used in a criminal enterprise.
Source