Civil forfeiture has become a significant government intrusion in recent years. While it remains a viable instrument for federal agents enforcing customs laws and fighting international crime, misguided policies and misaligned incentives foster abuses and raise grave constitutional concerns.
Each year, federal and state forfeiture programs allow law enforcement to seize more than $3 billion in cash and property from thousands of people – often without ever charging them with a crime. There are also serious questions as to whether civil courts using lower burdens of proof are the appropriate means to enforce government anti-crime policies.
Civil forfeiture further jeopardizes the relationship between police and their communities when vulnerable residents who cannot afford to challenge small-value seizures are targeted. There are also questionable benefits when financially-stressed departments prioritize revenue-generating forfeitures over arrests, drug interdiction, and crime-fighting.
CEI is addressing these issues through its new Forfeiture Reform Initiative: engaging federal and state policymakers to implement much-needed reforms and educating the public about their constitutional rights to stop improper seizures in the first place.
No person should have to fear for their property while engaged in lawful activities or lose it without ever being convicted of a crime.
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Some thoughts on Constitution Day
As I drove into work today, it occurred to me: we so often take for granted the extraordinary power that the automobile gives us. Once…
Fox News
Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional
Fox News cites CEI’s Devin Watkins and Dan Greenberg on Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau et al: Devin Watkins,…
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Sunshine in Wyoming’s civil forfeiture
Transparency in civil forfeiture took a small step forward last week when the Wyoming Liberty Group published its latest report. One difficulty in writing about…
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Blog
Some thoughts on Constitution Day
As I drove into work today, it occurred to me: we so often take for granted the extraordinary power that the automobile gives us. Once…
Fox News
Federal judge rules that 156-year-old ban on at-home distilling is unconstitutional
Fox News cites CEI’s Devin Watkins and Dan Greenberg on Hobby Distillers Association v. Alcohol and Tobacco Tax and Trade Bureau et al: Devin Watkins,…
Blog
Sunshine in Wyoming’s civil forfeiture
Transparency in civil forfeiture took a small step forward last week when the Wyoming Liberty Group published its latest report. One difficulty in writing about…
Blog
Charlotte-area police departments are rolling in forfeiture funds
I’ve always loved William Blake’s poem “Auguries of Innocence,” which begins by asking the reader “To see a World in a Grain of Sand.”…
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Free the Economy podcast: Protecting your property rights with Betsy Sanz
In this week’s episode we cover slow-moving infrastructure projects, the impact of the conservative boycott of Bud Light, good and…
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Three Supreme Court justices have gone public about the fundamental unfairness of civil forfeiture
Yesterday, I was able to get out of the office to watch the oral argument in Culley v. Marshall before the Supreme Court of…
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Local zoning boards are not democracy
At the Competitive Enterprise Institute, we have often discussed the need to reform zoning, permitting, and building regulations, so I was intrigued…
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Hey Army Corps, stop delaying wetlands decisions!
Last month in Sackett v. EPA, the U.S. Supreme Court provided some much-needed clarity on what waters are regulated under the Clean Water…
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Progress in Congress for real civil forfeiture reform
For the last couple of years, I’ve been monitoring every change in the law in the United States in the area of civil forfeiture. Last…
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Moore good news? CEI responds to government in landmark tax case
Earlier today, the Competitive Enterprise Institute filed a reply brief in the Moores’ case. A few weeks ago, the government argued that the Supreme…
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Protecting private property in the Peach State
Institute for Justice communications manager Dan King brings us an infuriating but important story out of the state of Georgia. Property owners in the…
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Supreme Court ruling restores property rights, closes spigot on Clean Water Act abuses
The U.S. Supreme Court in Sackett v. EPA has finally provided some clarity on one of the most basic questions in environmental law: what…
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Supreme Court breathes new life into Takings Clause in Tyler v. Hennepin County
When you don’t pay property taxes, you run the risk of the government seizing and selling your property. That’s what happened to Geraldine Tyler, a…
News Release
Supreme Court Protects Property Rights from Federal Overreach in Sackett v. EPA Decision
The Supreme Court today ruled in favor of the Sackett family in a property rights dispute with the Environmental Protection Agency. The EPA claimed…
Land Line
Avoid seizures of cash by taking prudent measures
Recently, the Competitive Enterprise Institute distributed a report titled “Five Myths of Civil Forfeiture, Second Edition.” It is a nonprofit libertarian think tank…
Letters
CEI Joins Coalition Letter on H.R. 1525, the FAIR Act (Civil Asset Forfeiture Reform)
Dear Chairman Jordan and Ranking Member Nadler, On behalf of the undersigned organizations dedicated to the protection of civil liberties and property rights, we ask…
Blog
Taking people’s stuff: Civil forfeiture is widespread, unjust, and resists reform
Civil forfeiture is a deeply unfair practice in which government agents take and keep billions of dollars of personal property every year – usually without…
Blog
New Hampshire Civil Forfeiture Would Protect Private Property from Unjust Seizure
Several state legislators in New Hampshire will consider a major change in criminal justice policy later today. The House Committee on Criminal Justice and Public…
Products
Free to Prosper: Civil Asset Forfeiture
Civil asset forfeiture is a controversial tool used by federal, state, and local law enforcement agencies to seize cash, vehicles, houses, or other property that…
DC Journal
How Civil Forfeiture Makes It Harder for Cops to Do Their Jobs
Every year, law enforcement officers seize billions of dollars in cash and property from the public. Mostly, these seizures take place without any proof of…
Blog
Why Cops Should Be Chasing the Bad Guys, Not the Big Bucks
A recent episode of Archer featured a dialogue between two FBI agents, both riding on jet skis, chasing a wrongdoer’s boat. Agent…
Blog
Government May Not Avoid Just Compensation in Debt Seizures
Some state governments have been acting as if the Fifth Amendment’s requirement of just compensation doesn’t apply in the course of collection of government debts.
Federal News Network
How do you protect your assets from seizures and forfeitures?
CEI Deputy General Counsel Dan Greenberg described seizures and forfeitures, how to protect your assets, and how difficult it is for consumers to retrieve their…
Blog
“They’re Taking My Stuff!” – Now on Video!
News that involves the police is inherently dramatic, and stories about what police officers do regularly make the news—asset seizure of hundreds of thousands of…
Blog
This Week’s Civil Forfeiture Outrages: Do People Facing Forfeiture Get Due Process?
A high-profile reversal of a recent civil forfeiture case makes me wonder: Do those who face civil forfeiture generally receive due process of law? That…
News Release
Report: Government Seizes Billions in Private Property, but Citizens Have Little Recourse
Every year, federal, state, and local government agents take and permanently keep, collectively, billions of dollars of Americans’ property through a practice called civil forfeiture,…
Blog
Countering Civil Forfeiture Myths with Facts
Every year, federal, state, and local government agents take—and permanently keep—billions of dollars of Americans’ property through civil forfeiture. The practice of civil forfeiture creates…
Blog
Testimony on Forfeiture Reform before the Tennessee General Assembly
Earlier today, I testified before the Tennessee General Assembly on HB 2525, a measure that would reform the Volunteer State’s system of asset forfeiture.
Testimony
Testimony on House Bill No. 2525, as Amended (Forfeiture Reform)
House Bill No. 2525, as amended, will improve Tennessee’s justice system. I thank the Criminal Justice Subcommittee for allowing me to express my views about…
Blog
White House Confiscatory Tax Proposal Underlines Why CEI Is Challenging Provision of 2017 Tax Reform
Today President Biden previewed his proposed fiscal year 2023 budget. I am in complete agreement with the first five words: “Budgets are statements of values.” …
Blog
This Week’s Civil Forfeiture Outrage (Twelfth in a Series: Love Field Update)
A few months ago, I blogged about the curious case of a currency seizure at Dallas Love Field. In December, the Dallas Police Department (DPD)…
Blog
Vermont Considers Major Forfeiture Reform
Tomorrow, I will testify before the Vermont General Assembly on H. 533, a measure that would reform the Green Mountain State’s system of asset…
Blog
This Week’s Civil Forfeiture Outrage (Eleventh in a Series: Highway Robbery in California)
The bandit is the scourge of the traveler. In less developed parts of the world, travelers risk encountering bandits even today. Sometimes the bandit claims…
Blog
New Hampshire Considers Major Forfeiture Reform
The New Hampshire state legislature’s House Committee on Criminal Justice and Public Safety is considering a significant change to the Granite State’s forfeiture laws:…
Blog
This Week’s Outrage (Which, Again, Touches on Civil Asset Forfeiture)
Last week, the Birmingham News published a scorching expose of police practices in the little town of Brookside, Alabama (population 1,253). Brookside has no…
Blog
This Week’s Civil Forfeiture Outrage (Tenth in a Series: Baltimore Edition)
This Baltimore Brew news story describes how the Baltimore Police Department (BPD)—like many police departments around the country—seizes millions of dollars, thousands of weapons,…
Blog
This Week’s Civil Forfeiture Outrages (Ninth in a Series: Texas Edition)
There is a big difference between being accused of misconduct and a court finding of misconduct. Nonetheless, the recent accusations leveled against Nathan Johnson, the…
Blog
This Week’s Civil Forfeiture Outrage (Eighth in a Series)
I wish it were harder to find forfeiture outrages to write about, but they keep popping up. This week, I focus on Massachusetts. Here’s a…
Blog
This Week’s Civil Forfeiture Outrage (Seventh in a Series)
I’m happy to report that I’ve discovered no new civil forfeiture outrages this week. Instead, I’ll write about two civil forfeiture outrages that are a…
Blog
This Week’s Civil Forfeiture Outrage (Sixth in a Series)
This week’s civil forfeiture outrage begins with a photograph of a police dog crouching over more than $100,000 in U.S. currency. Earlier this week, CBSDFW.COM…
Blog
This Week’s Civil Forfeiture Outrages (Fifth in a Series)
I just finished watching one of the most gripping, compelling videos I have ever seen. It’s like a dystopian horror movie—except it’s real. It’s…
Blog
This Week’s Civil Forfeiture Outrage (Fourth in a Series)
Here’s a fascinating story in the Arizona Republic about an appeals court hearing earlier this week. Reporter Perry Vandell’s account of that hearing isn’t…
Blog
The Fruits of Forfeiture in Little Compton
The Providence Journal’s Antonia Noori Farzan just published a great story (paywalled) about the Rhode Island town of Little Compton—the second-smallest town in the…
Blog
This Week in Civil Forfeiture Outrages
Not for the first time, I came across so many accounts of civil forfeiture outrages this week that I couldn’t narrow them down to just…
Blog
Climate Change Alarmism: This Week’s Civil Forfeiture Outrages, Part 3
A fascinating story in the Huffington Post hits a CEI trifecta: abuse of government authority, climate change alarmism, and reckless spending of civil forfeiture…
Blog
The Philadelphia Steal Mill: This Week’s Civil Forfeiture Outrages, Part 2
The Institute for Justice has just published an extraordinary report on civil forfeiture. For many years, the City of Philadelphia ran what is best…
Blog
The Destruction of a Perfectly Good Corvette Convertible: This Week’s Civil Forfeiture Outrages, Part 1
A colleague suggested that CEI should start up a regular feature: Civil Forfeiture Outrage of the Week. That assignment is more challenging than one might…
Blog
IRS Needlessly Chases Minnows to Catch Whales
As part of its Fiscal Year 2022 Revenue Proposals, the Internal Revenue Service (IRS) has asked Congress to authorize a sweeping new financial reporting…
Blog
How Civil Forfeiture Can Enable Public Officials’ Misuse of Funds
A fascinating story at Reason last week—about the misuse of money confiscated through civil forfeiture—illuminates the many kinds of corruption that the practice of…
News Release
Report on Civil Asset Forfeiture Aimed at Helping People Avoid Government Injustice
A new Competitive Enterprise Institute report calls attention to a government injustice impacting too many Americans: civil asset forfeiture. The report…
Blog
Must We Be Submissive to the Cops?
CEI has just published my paper “They’re Taking My Stuff!”: What You Need to Know about Seizure and Forfeiture.” My interest in this topic…
Study
“They’re Taking My Stuff!”
What You Need to Know about Seizure and Forfeiture…
National Review
Ending a Destructive and Illegal Government Program
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Landlords Deserve Protection Too
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The Detroit News
Change to Michigan Law Required to Stop Police from Seizing Your Property Without Cause
What if the government took your car and refused to give it back? That’s what happened to Stephen Nichols after he was caught using a…
Inside Sources
In Major Win for Energy Sector, SCOTUS Rules in Favor of PennEast Pipeline
Inside Sources cites Director of the Center for Energy and Environment on eminent domain: Myron Ebell, director of the Center for Energy…
Blog
Michigan Civil Forfeiture Appeal Declined by U.S. Supreme Court, but Underlying Problem Remains
In July 2015, Stephen Nichols presented a counterfeit insurance certificate during a traffic stop in Lincoln Park, Michigan. He was not arrested or charged with…
News Release
Supreme Court Should Decide on CDC Eviction Ban
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Blog
Alabama Enacts New Civil Forfeiture Reforms
On Tuesday, May 25, Alabama Governor Kay Ivey enacted SB210, which reforms state laws that allow law enforcement agencies to seize cars, homes, money,…
Blog
Arizona Adopts Landmark Civil Forfeiture Reform Legislation
On May 6, Arizona Governor Greg Ducey signed into law House Bill 2810, which reforms the state’s civil forfeiture law and strengthens due process…
Blog
Louisiana Frog Feud Illustrates Regulatory Threat to Property Rights and Economic Freedom
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Washington Examiner
In supporting ‘Land Grab’ bill, Republicans unwittingly support socialism
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Best Books of 2019: The Narrow Corridor
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Twitter’s Ban on Political Ads Has No First Amendment Implications
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Blog
EPA Streamlines Infrastructure Approval Process under Clean Water Act
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Blog
Venezuela and Rwanda: A Tale of Two Countries, Different Paths
The 21st century Venezuela is a failure. It failed because it adopted socialism. Paul Larkin, Senior Legal Research Fellow at the Heritage Foundation, remarked in…
Blog
VIDEO: Ending Police Harassment of Small Business in India
Our friends at the Atlas Network have an excellent new video out about legal reform in India that is helping small businesspeople stand up to…
Blog
Regulatory Costs of Anti-Property Approaches to Environmental Concerns
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Blog
Warren Wealth Tax Proposal Raises Constitutional Questions
Sen. Elizabeth Warren (D-MA) has proposed a new wealth tax. We don’t know a lot of details on what is being proposed, but what little…
Blog
Courts Should Protect Economic Liberty Rights As Originally Understood
The prohibition on taking a person’s liberty without due process of law is enshrined in the Constitution’s Fifth and Fourteenth Amendments. But what does this…
Products
Free to Prosper: Private and Public Lands
View the full chapter on private and public lands here Private property and secure property rights are essential conditions of freedom and prosperity. Contrary…
Blog
How to Articulate a Free-Market Vision for the Future
The Competitive Enterprise Institute views most market failure rationales for government intervention as wrong, overstated, or unproven (or all of the above). The Competitive Enterprise Institute…
Blog
Energy Dominance: Department of Interior Breaks Previous Records for Oil and Gas Lease Sales
“In a testament to the Trump Administration's America First Energy Plan, the Bureau of Land Management’s (BLM) third-quarter oil and gas lease sale in New…
Letters
CEI Joins Coalition Letter Opposing Environmental Protection Agency Veto Power over Development Projects
In 2013, organizations from coast-to-coast called on then-U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy to reject an unprecedented decision on Pebble Mine and warned…
Blog
Reform Endangered Species Act to Contain Costs
The Endangered Species Act (ESA), passed in 1973, has had several decades to accumulate a record of costs and benefits. Despite bureaucrats and activists…
Blog
Claim that 99% of Species Are Saved by ESA Not Supported by Data
An urgent fundraising appeal from The Nature Conservancy’s (TNC) “Global Policy Lead[er]” warns of congressional and administration efforts to change—and from the perspective of many—improve…
Blog
Hernando de Soto: How To Make the Third World Richer than the First
Our good friend Nick Gillespie interviews Peruvian economist and property rights activist Hernando de Soto about the future of prosperity in the developing world, and…
Blog
Four Reasons the Endangered Species Act Desperately Needs Reform
The Department of Interior recently announced proposed revisions to enforcement of the Endangered Species Act (ESA). These revisions are designed to lessen the regulatory…
Blog
Real Sin for Social Media Companies Not ‘Censorship,’ but Getting into Bed with Government
Social media outlets have been filled with commentary this week about the decisions by Apple, Facebook, YouTube, and Spotify to remove content created by…
News Release
CEI Applauds President Trump’s Pardon of Dwight and Steve Hammond
Today, President Trump announced the pardon of Dwight and Steve Hammond, two ranchers from Eastern Oregon who were prosecuted under the Antiterrorism Act of 1996…
Blog
Environmental Protection Agency to Streamline Permits for Major Projects
In a move that furthers the Trump administration’s goal of reducing unnecessary and duplicative red tape while also helping refocus his agency’s efforts on its…
News Release
Supreme Court Refuses to Consider If Searching Internet IPs Requires Warrant
The Competitive Enterprise Institute is disappointed that the Supreme Court has refused to consider if the government can search what websites a person accesses online…
Blog
Law Geeks Rejoice: Property Rights on the Big Screen in ‘Little Pink House’
John Stossel discusses the history of eminent domain—the legal power that allows local governments to seize property from owners for supposedly public purposes—and how…
Blog
Hernando de Soto Wins Julian Simon Memorial Award
It is enormously gratifying that this year’s winner of the Julian Simon Award is Hernando de Soto, whose work around the world to define,…
Watchdog
More Briefs Filed with SCOTUS in Forced Union Dues Case
Watchdog cited Trey Kovacs on the longstanding circumstance of union workers being forced to pay for controversial political activities for unions by the government. …
USA Today
Supreme Court weighs privacy rights in digital age in pivotal cellphone case
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Townhall
Legal Authority in the Clouds
Townhall covers CEI’s support of the CLOUD Act of 2018. Cloud storage and computing is an emerging technology increasingly in use worldwide.
Tribune-Review
Forced Union Fees: Fairness Where It’s Due
Tribune quoted CEI on the point in which union fees used to fund national conventions is an inherently political activity. In what portends…
Blog
Increasing Public Awareness Bolsters Potential for Blockchain Applications
Blockchain is a software architecture that seems very likely to unleash profound global forces if it crosses over into the mainstream.
JD Supra
The IRS Succeeds in Compelling Crypto Exchange to Disclose User Information
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Blog
A Banner Year for Deregulation on Energy, Climate, and Environment
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Blog
Digital Finance Pioneers Using Bitcoin for Savings, Payments,…and Donations
Your support for the Competitive Enterprise Institute, given in Bitcoin or dollars, can help us strengthen the hand of the businesses that offer a revolution…
Hudson Institute
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Blog
President Trump Should Defend Federal Land Use and End Abuse of Antiquities Act
Misuse of the Antiquities Act by radical environmental pressure groups and compliant presidents circumvents the constitutional authority of Congress…
Forbes
Who Owns the Digital Information About You?
Harold Furchtgott-Roth, writing for Forbes, covers Carpenter v. United States. Legal analysts claim that Carpenter v. United States, argued earlier this…
Blog
Court Orders Coinbase to Turn over Cryptocurrency User Data to IRS
Congress should revisit the law to protect privacy and due process in IRS investigations.
The Wall Street Journal
Supreme Court to Weigh Warrantless Cellphone Data Searches
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USA Today
Supreme Court Weighs Privacy Rights in Digital Age in Pivotal Cellphone Case
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Blog
Economic Lessons of Thanksgiving
The history behind Thanksgiving can teach us valuable lessons about how we can and should live together with our fellow Americans.