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Thursday, January 22, 2015

Policing/   Equitable Sharing Program

Law & Order 7Money-hungry cops are angry about the forfeiture reform that Attorney General Eric Holder announced last Friday, which suggests it's a move in the right direction. But contrary to initial press reports, the new policy represents a modest change to the rules governing civil forfeiture, which allows the government to take people's assets without accusing them of a crime.
"Civil forfeiture is fundamentally at odds with our judicial system and notions of fairness," two former directors of the Justice Department's Asset Forfeiture Office observed in a Washington Post op-ed piece last fall. "Civil forfeiture laws presume someone's personal property to be tainted, placing the burden of proving it 'innocent' on the owner."
Holder did not address that central issue, which is beyond his power. Rather, he modified the Justice Department's Equitable Sharing Program, which lets police and prosecutors use federal law to dodge state restrictions on forfeiture.


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