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
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.”…
Search Posts
Study
“They’re Taking My Stuff!”
What You Need to Know about Seizure and Forfeiture…
National Review
Ending a Destructive and Illegal Government Program
Late last week the U.S. Supreme Court vacated a stay on a lower-court decision that struck down the Biden administration’s extension of the CDC’s nationwide eviction…
Blog
Landlords Deserve Protection Too
Yesterday, the U.S. Supreme Court struck down the Biden administration’s extension of the Centers for Disease Control and Prevention’s nationwide eviction moratorium. While most…
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
Today a federal appeals court denied a request by landlords to resume evictions, leaving in place a temporary, nationwide eviction moratorium imposed by the Centers…
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
The dusky gopher frog doesn’t grow very large—only to about three inches long, on average. But despite its diminutive size, this little frog has had…
Washington Examiner
In supporting ‘Land Grab’ bill, Republicans unwittingly support socialism
Many Republicans in Congress made political hay by labeling the Green New Deal as “socialism.” Surprisingly, too many of these same Republicans are now the…
Blog
Weighing Bad Capitalism and Good Socialism
Recently economics professor Walter Block of Loyola University New Orleans wrote a great op-ed for The Wall Street Journal titled “Bad Capitalism and Good Socialism.”…
Blog
Best Books of 2019: The Narrow Corridor
Predatory governments with high corruption, that don’t respect political and economic freedoms, are extractive. Countries with these sorts of institutions tend to be both poor…
Blog
Twitter’s Ban on Political Ads Has No First Amendment Implications
Twitter Chief Executive Jack Dorsey announced that the social media platform will ban all political advertising. This comes on the heels of Facebook’s recent announcement…
Blog
EPA Streamlines Infrastructure Approval Process under Clean Water Act
Making good on its promise in Executive Order 13868 to combat the abuse of section 401 of the Clean Water Act by states seeking to block…
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
Environmental regulations transfer substantial wealth and can be subject to the same political failure and regulatory pork-barreling that characterize economic regulation—perhaps more so, given the…
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
USA Today cited the Competitive Enterprise Institute about the dangers to personal freedoms and privacy for third-party information to be available to law enforcement without requiring a…
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
JD Supra covers an amicus brief by CEI in Coinbase v. United States. As the price of bitcoin leaps and lurches toward new highs,…
Blog
A Banner Year for Deregulation on Energy, Climate, and Environment
2017 has been a banner year for advancing free market policies across the board on energy, climate, and environmental issues.
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
Who Owns The Digital Information About You?
The Hudson Institute covers Carpenter v. United States and CEI’s amicus brief in the case with the Cato Institute and the Committee for Justice. Legal…
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
The Wall Street Journal covers Carpetner v. United States. A pillar of modern policing will come under Supreme Court scrutiny Wednesday as the government…
USA Today
Supreme Court Weighs Privacy Rights in Digital Age in Pivotal Cellphone Case
USA Today covers the upcoming argument of Carpenter v. United States. Timothy Carpenter’s mistake in the armed robberies of cellphone stores in Michigan and Ohio…
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.
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.