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…
Blog
More Bipartisan Opposition to Obama Administration’s Move to Block Airline Merger (Including Rahm Emanuel)
Another day, another round of public bipartisan opposition to the Obama Department of Justice’s lawsuit to block the pending American Airlines and US Airways merger.
Blog
Judge Rules Federal Government Cannot Close County Park in Shutdown
Earlier, I wrote about the federal government's use of the federal government shutdown as an excuse to close many private businesses. Those were businesses that lease…
Blog
More Myths About the Government Shutdown
Young people often don't realize that government shutdowns used to be common, until the middle of the Clinton administration. The George W. Bush presidency was an exception…
News Release
CEI FOIA Requests Probe National Park Service Shutdown Decision-Making
Washington, D.C., October 10, 2013—In the wake of National Park Service and U.S. Forest Service crackdowns on private businesses and closures of open-air memorials and overviews…
Blog
Some Genuine Vindictiveness in Park Closings
The Washington Times story on the attempted forced shut down of the Pisgah Inn on the Blue Ridge Parkway in North Carolina may provide some…
Blog
Obama Administration Unnecessarily Shuts Down Many Private Businesses in Government “Shutdown”
PJ Media's Bryan Preston reported Wednesday that the "White House [is] ordering hundreds of privately run, private funded parks to close," using the government…
Daily Caller
Lawyers: Private parks should sue Obama administration for forcing them to close
“As a lawyer who once worked for the government, I assume there is no legal authority for this because these private tourist attractions were not…
Blog
A Victory for Property Rights in Virginia
Over a year ago, I highlighted an eminent domain abuse case in Virginia. To recap: The Norfolk Redevelopment and Housing Authority and Old Dominion…
Blog
We Must Take a More Active Role in Challenging the FCC
On September 9, 2013 I entered the E. Barrett Prettyman Court house, which houses the federal Court of Appeals for the District of…
Blog
CEI Opposes Risky, Race-Conscious Federal Lending Requirements in Supreme Court Case
“Disparate impact” is a term in anti-discrimination law for when a neutral policy happens to affect minorities more than whites. One example is a standardized…
Blog
Before Net Neutrality Eats the World (Part 15): Can We Please End This. Please.
Today, Monday, September 9, 2013, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge…
Blog
Before Net Neutrality Eats the World (Part 12): Why Net Neutrality Threatens Homeland Security and Cybersecurity
(Note: On September 9, the U.S. Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon’s challenge of…
Blog
New Mexico Court: Go Into Business, Lose Your First Amendment Rights
In Elane Photography v. Willock, the New Mexico Supreme Court ruled yesterday that a wedding photographer violated the New Mexico Human Rights Act by…
Blog
Before Net Neutrality Eats the World, Part 1: Net Neutrality vs. Infrastructure Wealth
On September 9, 2013, the United States Court of Appeals for the D.C. Circuit will hear oral arguments in Verizon's…
Blog
D.C. Council Bows to UFCW, Votes No on Walmart, Yes to High Prices
Washington, D.C., has some of the highest living costs in the country. Its metro area contains six of the nation’s ten wealthiest counties, making it…
Blog
Zoning, Property Rights, and the Myth of Benevolent Planners
Dartmouth economics professor Bill Fischel has posted “Fiscal Zoning and Economists’ Views of the Property Tax,” which will be a chapter in a revised…
Blog
Border Security Doesn’t Require “Invading” the Border
When President Bush left office in January 2009, there were about 30,000 U.S. troops in Afghanistan. If the Senate immigration bill (S. 744) passes, this…
Blog
How to Have Enough Water for Everybody
Last week I testified in the Water and Power Subcommittee in the House of Representatives (hearing linked…
Blog
Obama: A Sweet Pension for Himself, But Not For America’s Savers or Investors
In The Washington Post, Allan Sloan points out that while President Obama wants to cap American citizens' IRAs at $3 million or substantially…
Right Side News
Economic Freedom Declines Again; Government Control Is Bad for Your Health
Economic freedom has declined under the Obama administration, and America’s rank has repeatedly fallen on the Index of Economic Freedom and other rankings issued by…
Blog
Virginia’s Uranium Mining Moratorium Should Be Buried, But What About Property Rights?
The earth below the United States contains 5 percent of the world’s known recoverable uranium deposits. More than a quarter of U.S. uranium is…
Blog
The Constitution And Broad First Amendment Freedoms Are Obsolete, Say Left-Leaning Judges And Constitutional Law Professors
The progressive Georgetown University constitutional law professor Louis Michael Seidman argued Monday in The New York Times that we should just ignore the Constitution and…
Blog
Settlement: FTC Ends Google Antitrust Investigation
Today, the Federal Trade Commission (FTC) cleared Google of accusations of "Search Bias," and inappropriately harming rivals. The investigation lasted nearly…
Blog
Myths About Thanksgiving
The first Thanksgiving didn’t usher in a time of plenty for the Pilgrims. The Pilgrims continued to confront the specter of starvation until they ditched…
Blog
Italy Shoots The Messenger… And Its Legal System In The Foot
Italy’s legal system, already deeply unfriendly to business, has sunk to a new low this week. In the town of Trani, prosecutors requested to charge five…
Blog
Italy’s Greatest Economic Threat: Italian Politicians
Italian ex-Prime Minister Silvio Berlusconi told news sources last week that his party -- Popolo della Libertà -- would soon decide whether or not to…
Blog
Don’t Blame Capitalism for Washington State’s Liquor Privatization “Failure”
There is no alternative way, so far discovered, of improving the lot of the ordinary people that can hold a candle to the productive activities…
Blog
Billions of Tax Dollars Spent Raising False Hopes Among Homeowners
The Obama Administration's Home Affordable Modification Program (HAMP) gave "banks $1,500 bonus payments and servicers $1,000 bonus payments for each loan modification they processed. This…
Blog
Google and Antitrust: Economic Liberty in the Balance
Way back when the DOJ brought an antitrust suit against Microsoft in 1990s, Milton Friedman had this to say to The Wall Street…
Blog
Norfolk, Virginia, While Abusing Eminent Domain To Seize 78-Year-Old Business, Attempts To Silence Free Speech
I’m a month behind on this story, but something terrible is underway in Norfolk, Virginia, that should disturb all Americans who value property rights…
Blog
Losing the Universe with LOST
The Law of the Sea Treaty (LOST) has been languishing in the Senate for decades, but led by Massachusetts senator John Kerry, there is growing…
Blog
Legislators Seek to Create New, Unnecessary Protected Class: Gun Owners
Generally, the Constitution only binds the government, not the private sector. For example, the First Amendment protects speech, and even insults, but that doesn't…
Blog
Remembering Elinor Ostrom
Among the individuals with whom I wish I could have greater opportunities to exchange ideas is Elinor Ostrom. She passed away today, and now I…
Blog
Tapping Space Resources
Over at The Washington Times, Bob Zubrin says that we need space property rights. Gee, I wonder…
Blog
New Space Property Rights Criticism
Over at the Space and Cyberlaw blog, Eric Dawson takes issue with my issue analysis on space…
Study
Give a Man a Fish
Attempts to prevent overfishing by promulgating regulations (which are often at odds with subsidies) have proved both ineffective and impossible to enforce. Ending subsidies and…
Blog
Amendments That Take Away Rights
The Supreme Court, like European courts, has long recognized that corporations have constitutional rights, ever since its 6-to-1 decision in Dartmouth College…
Blog
How to Fix U.S. Water Policy? Less Government, More Market Pricing
Late last week I received an invitation to testify in the Water and Power Subcommittee of the House of Representatives Natural…
Blog
The Space Property Rights Discussion Continues
As I (sort of) predicted last week, Tanja Masson-Zwaan, president of the International Institute of Space Law, has weighed in on…
Blog
Further Space Property Rights Responses
Since my previous post on media reaction to CEI's press briefing on Thursday, Popular Science has provided a…
Blog
Live Streaming at 11:00 AM EDT — Securing Property Rights in Space
On Thursday, April 5, the Competitive Enterprise Institute will host a Capitol Hill briefing to introduce a new study by Adjunct Scholar Rand…
Study
Homesteading the Final Frontier
A proposed law requiring the United States to recognize land claims off planet under specified conditions offers the possibility of legal, tradable land titles, allowing…
Blog
Supreme Court Affirms Right to Challenge Government Power Grabs in Sackett v. EPA; Justice Alito Cites CEI Amicus Brief
Rejecting the arguments of the Obama administration, the Supreme Court has just held that EPA "compliance orders" can be challenged in court if they…
Blog
$26 Billion Mortgage Settlement Rips Off Investors to Trim Banks’ Massive Costs of Bailing Out Deadbeat Borrowers
The $26 billion mortgage settlement announced yesterday is bad news for “bond investors including pension funds, according to Pacific Investment Management Co.’s Scott Simon,”…
Right Side News
William Yeatman: Politics and the Keystone Pipeline
William Yeatman: Politics and the Keystone Pipeline…
Right Side News
EPA’s Latest Power Grab
Chris Horner explains the EPA's latest power grab involving private property rights in Idaho…
Blog
CEI Files Amicus Brief in Magner v. Gallagher, to Guard Against Financial Meltdowns and Racial Preferences
To help prevent another financial crisis, CEI helped file an amicus brief in a pending Supreme Court case, Magner v. Gallagher. The case tests…
Tech News World
Europe Weary of Apple, Samsung Patent War
Blog
Hank Greenberg Rises Again — Takes on Treasury, NY Fed in “Takings” Lawsuit
Feisty 86-year-old Hank Greenberg, long-time chief executive of AIG, is suing the Treasury Department and the New York Federal Reserve Bank charging that its…
Blog
CEI Podcast for November 10, 2011: Eminent Domain Abuse
Land Use and Transportation Policy Analyst Marc Scribner explains why allowing the government to seize land from its owners and give it to developers is…