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.
Featured Posts

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…
Search Posts
Blog
Property Rights of Fannie and Freddie Shareholders—Including Small Investors—Must Be Respected
Private investors should never be guaranteed any type of government bailout. At the same time, they should not have their property and contract rights violated.
Blog
Fat-Cat Attorneys’ Bogus Arguments on Arbitration Rule
Fat cat class-action attorneys and their apologists are getting desperate.
JD Supra
Monkey See, Monkey Do…Monkey Own? The Curious Case of Naruto v. Slater
JD Supra covers CEI’s amicus brief in Naruto v. Slater. When wildlife photographer David Slater set up his camera in the rainforests of Indonesia, he…
The Washington Post
No Monkey Business Here: The Monkey Selfie Copyright Case Is Over — for Now
The Washington Post covers CEI’s amicus brief in Naruto v. Slater. The G.M.S.C. — the Great Monkey Selfie Controversy — has, perhaps, come to an…
Overlawyered
Ted Frank Enters the Monkey Arena
Overlawyered covers Ted Frank’s amicus brief in Naruto v. Slater. As we highlighted earlier this week, while it was no surprise that…
Blog
Why Economic Freedom Is the Best Weapon against Poverty
This blog post is adapted from a speech delivered to the Foreign Service Institute at the United States Department of State on August 29, 2017.
News Release
CEI Supports Reducing Federal Lands for National Monuments, Returning Lands to Private Ownership
Myron Ebell, director of the Competitive Enterprise Institute's Center for Energy and Environment, responded to the Interior Department’s assessment of the use of federal land as…
Blog
President’s Summer Policy Update
When it comes to the institutions of capitalism, the advance of human welfare, and liberty, we are here because we love the work.
TechCrunch
Privacy Advocates Advise Supreme Court to Protect Phone Location Data under the 4th Amendment
TechCrunch covers CEI’s amicus brief in Carpenter v. United States. Among the Supreme Court’s many upcoming cases is Carpenter v. United States,…
Blog
Happy India Independence Day
Today is the 70th anniversary of India’s independence from the United Kingdom, and the nation of 1.3 billion people has seen dramatic economic and social…
Blog
Defending 4th Amendment Privacy Protections for Digital Property
People have property rights in data about themselves that is allocated by contract between them and their service providers.
Blog
For the Sake of Financial Privacy, IRS Subpoena of Coinbase Should Go
Our brief in United States v. Coinbase might have a lot to say about what the future of financial privacy looks like.
Blog
Amend Clean Water Act, Restore Private Property Rights
It is past time for the U.S. Congress to revisit the Clean Water Act.
Blog
Emoluments Clause Does Not Ban Sales to Foreigners
The Constitution is not hostile to the free market or international trade. Indeed, many…
Blog
Gates Foundation Should Credit Market Reforms for Poverty Reduction
The Bill and Melinda Gates Foundation should give greater credit to the proven economic reforms that have spurred development throughout the world.
Blog
Susette Kelo Eminent Domain Battle Hits Big Screen in ‘Little Pink House’
The film Little Pink House, a dramatization of Connecticut homeowner Susette Kelo’s fight against eminent domain abuse, had its world premiere last night at the…
Blog
Blockchain Business Council to Help Secure Property Rights for World’s Poor
The launch of the Global Blockchain Business Council at the 2017 World Economic Forum is good news for the world’s venture capitalists and poor alike.
Blog
RealClear Radio Hour: Executive Actions and Blockchain Technology
In this episode, Andrew Grossman proposes executive actions Trump can take to undo problematic portions of Obama’s pen and phone legacy and Donatien Adou discusses…
Blog
Property Rights Are the Key to Protecting Land
We often hear that only government can protect the environment through outright land ownership or heavy regulatory control of private land.
Blog
Can Trump (or Congress) Rescind Obama’s Arctic Drilling Ban?
President Obama yesterday designated “the vast majority of U.S. waters in the Chukchi and Beaufort Seas as indefinitely off limits to offshore oil and gas…
Blog
RealClear Radio Hour: City Extortion and Cities’ Heroine
In this episode of RealClear Radio Hour, Brian Hodges discusses West Hollywood’s extortion of local developers and Robert Kanigel shares stories of Great American Cities…
Blog
Free Market Opportunities for the Trump Administration
This election has given us one more demonstration that knowledge is dispersed and “trusting the experts” to know the future is foolish. The unexpected success…
Blog
The Real Victim in the Dakota Access Pipeline Controversy Is the Company behind the Project
The real victims in the controversy over the Dakota Access Pipeline is Dakota Access Services, the company behind the 3.7 billion project that would move…
News Release
Volkswagen Class Action Ruling: Bad Deal for Consumers
CEI’s Center for Class Action Fairness is disappointed by the U.S. District Court for the Northern District of California’s approval today of the Volkswagen class action settlement because…
Blog
Obama’s Worst Power Grab Yet
The $3.7 billion Dakota Access Pipeline is a partially completed project that would move almost 500,000 barrels of oil daily from the Bakken oil fields in…
Blog
RealClear Radio Hour: American Indian, EpiPen, and Free Speech Fiascos
In this episode of RealClear Radio Hour, we discuss the fiascos of government overreach and overregulation—on American Indian reservations, in the EpiPen saga, and with…
Blog
Milwaukee: Get Your Pokémon Off My Lawn!
Milwaukee County’s Park Department is not happy about virtual pocket monsters.
Blog
New York Legislature Piles on Fines for Home-Share Listings
New York Gov. Andrew Cuomo is currently reviewing legislation recently passed by the state’s Senate and Assembly that would establish new penalties for advertising one’s…
Blog
Wireless Net Neutrality: You Were Warned
Hundreds of people have been burrowing into this week’s D.C. District Court of Appeals 2-1 decision giving the Federal Communications Commission (FCC) everything it wanted…
Blog
Happy Magna Carta Day
801 years ago today in a peaceful meadow in England occurred the first act of the American Revolution.
Blog
World Bank Increases Number of Poor
The World Bank is considering changing its definition of what constitutes extreme poverty, raising the level below which someone is treated as extremely poor from $1.25…
Blog
CEI Issues Report on the Nation’s Six Worst State Attorneys General
Today, CEI issued another of its periodic “worst state attorney general” lists, in a lengthy report explaining why those attorneys general received that dubious distinction. (Previous …
Blog
Ten Years After Kelo v. New London
Ten years ago today, the U.S. Supreme Court issued a 5-4 decision upholding the City of New London, Connecticut’s “right” to condemn Connecticut homeowners’…
Forbes
Enhancing The Private Role For ‘Public Goods’
John Kenneth Galbraith once observed that in America our gardens are beautiful, while our public parks are in a state of disaster. While Galbraith saw…
Blog
Super PAC Attacks Kochs on Civil Rights, Endorses “Urban Renewal” Policies that Harmed Minorities
Last week, Alternet posted yet another bogus smear on the libertarian billionaires Charles and David Koch. It has since been reposted by Salon.com. The…
Blog
Maya Angelou, Herb Jeffries, and the Freedom to Prosper
Competitive Enterprise Institute President Lawson Bader has said, "What CEI does, on a daily basis and at its core, is to celebrate and defend…
Forbes
Lumber Union Protectionists Incited SWAT Raid On My Factory, Says Gibson Guitar CEO
“Henry. A SWAT team from Homeland Security just raided our factory!” “What? This must be a joke.” “No this is really serious. We got guys…
Blog
The Premises of Net Neutrality
In the electric power industry, if you run an extension cord across the street to serve another, you go to jail. The local utility has…
Blog
FCC’s Internet Fast Lanes Should Outrun Net Neutrality Bias
The Federal Communications Commission (FCC) will issue proposed rules May 15, rules expected expected to allow premium pricing for Internet fast lanes alongside the lane…
Blog
CEI Sues National Park Service and Interior Department under FOIA over Government Shutdown Documents
Last night, CEI filed suit against the United States Department of the Interior and the National Park Service for failing to produce documents in…
Blog
CEI, Former State Department Officials Defend Freedom of Contract in Supreme Court Case against Argentina
[caption id="attachment_74355" align="alignright" width="300"] Argentina President Cristina Kirchner[/caption] Can a country seeking to welsh on its debts invoke sovereign immunity to evade not just court…
Blog
CEI Appeals Agency’s Withholding of Documents about Its 2013 Government Shutdown Shenanigans
Earlier, I wrote about how Obama administration officials have been very “tight-lipped in response to FOIA requests” about their “government shutdown shenanigans,” such as closing private…
Blog
Agencies Withhold Documents about Closures of Private Businesses in Government Shutdown
In last October's government shutdown, the Obama administration closed down, or blocked access to, many private businesses that had been allowed to operate in earlier…
Blog
Supreme Court Overwhelmingly Votes to Uphold Rights of Private Property Owners
The Supreme Court has decided an important property rights case in favor of the private property owners and against the claim of the federal government…
Blog
Is FCC Chairman Tom Wheeler for or against Net Neutrality? Yes
In what the Washington Post referred to as Federal Communications Commission (FCC) Chairman Tom Wheeler's strongest endorsement yet of net neutrality, he said: Public policy…
Blog
Hypocritical New Yorkers Whine about High Housing Prices while Supporting High-Price Policies
The New York Post today has a story on what it describes as "new hipsters fight[ing] old hipsters in Brooklyn." The gist of it…
Blog
Is the FTC Already Capable of Regulating Patent Demand Letters?
The answer is no, except under special circumstances. The question itself arises from comments by Julie P. Samuels of the Electronic…
Blog
Antitrust as Corporate Welfare: Imposed Concessions and Conditions on Mergers Are a Fundamental Error
As is now commonplace, American Airlines needed to relent to conditions imposed on the merger with US Airways to secure Department of Justice approval, primarily…
Blog
Enflaming, Not Enlightening: George Monbiot on Investment Treaties
George Monbiot in The Guardian, in his usual hyperbolic and specious way, describes the proposed U.S.-EU trade agreement’s purpose as to attack national sovereignty…
Forbes
Big Brother’s Stop-and-Snatch Asset Forfeiture Boom
Imagine you are a small town grocer whose business is not large enough for an armored car service, so you regularly deposit the day’s cash…