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Illinois’ new asset forfeiture reform proposal undermined by AG Sessions

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Illinois

* Police abuse of asset forfeiture powers is widely known. Here’s just a little sample…

In 2016, Oklahoma police stopped a Christian band manager for a broken tail light and ended up seizing $53,000 in concert revenue and charity donations to an orphanage. The Washington Post reported a lengthy exposé on police taking hundreds of millions of dollars from motorists never charged with crimes. In Tenaha, Texas, authorities systematically confiscated motorists’ property and threatened them with criminal charges unless they signed waivers giving up their possessions (the department later used the money to buy, among other things, a popcorn machine).

* From the Illinois ACLU…

A strong reform bill passed in the legislature recently with overwhelming bipartisan majorities. It awaits the governor’s signature.

The reform legislation, a product of compromise between reform advocates and the law enforcement lobby, ensures that the burden of proving the property owner’s culpability in a forfeiture case rests squarely with the government and raises the standard of proof from probable cause to a preponderance of the evidence for the government to prevail at trial. The bill exempts small sums of cash from forfeiture and provides that possession of a miniscule amount of drugs alone shall not authorize forfeiture of personal property.

The reform legislation also eliminates the current requirement that property owners must pay 10 percent of the value of their property upfront in order to contest seizures, and it creates an expedited procedure will allow innocent owners to have their claims adjudicated more rapidly. These reforms will reduce the financial barriers and long delays that too often deter people from pursuing the return of their property.

Additionally, the legislation requires public reporting of seizure and forfeiture data, which will enable taxpayers and lawmakers to find out how much property is being seized by law enforcement agencies around the state, the types of property forfeited, the amount of forfeiture proceeds received by law enforcement agencies, and how they spend the money.

The bill unanimously passed the Senate on May 31st. Only one House member, Margo McDermed, voted against it when it passed that chamber on June 23rd. It has not yet been sent to the governor.

* And now this…

Attorney General Jeff Sessions signed an order on Wednesday reversing the Obama administration’s limits on civil asset forfeiture, a widely criticized practice in which law enforcement officers seize cash and property from citizens who have not been charged with crimes.

The policy change comes as a number of states — both red and blue — have clamped down on civil forfeiture abuses, and it will allow local police departments to circumvent state laws that restrict the practice. […]

Sessions’ order gives officers a way to bypass state restrictions.

It revives a program called Equitable Sharing or “adoptive forfeiture,” which allows local law enforcement to process forfeiture cases under federal statute and “share” the assets with federal authorities. In practice, the federal government sends up to 80 percent of the assets right back to local departments, effectively allowing them to get around stricter state laws, says Rulli. Eric Holder, Obama’s attorney general, eliminated adoptive forfeiture except in rare cases.

“Sessions is calling [adoptive forfeiture] a ‘partnership’ between the federal government and states,” says [Louis Rulli, a clinical law professor at the University of Pennsylvania and a leading forfeiture expert], “but in fact, it’s an attack on federalism and the ability of states to decide for themselves how they should handle this [issue].”

The order is here.

posted by Rich Miller
Thursday, Jul 20, 17 @ 10:41 am

Comments

Pass a companion bill sweeping all forfeiture money to General Revenue. There is a bad odor to cops directly benefiting from seizures.

Comment by Last Bull Moose Thursday, Jul 20, 17 @ 10:49 am
It’s amazing how small government types have no issues with the government literally taking property from people who haven’t been convicted of, or in many cases even charged with, a crime.

Comment by Former Downstater Thursday, Jul 20, 17 @ 10:50 am
Wow.

This sounds like organized crime. As long as the big boss gets his cut, you can shake down the locals.

Disgusting.

Comment by Aldyth Thursday, Jul 20, 17 @ 10:51 am
It is also amazing how people who scream state’s rights and overreaching federal government and finally 10th amendment are ok with this plan. People may think Trump crazy but Sessions will do more harm.

Comment by DuPage Saint Thursday, Jul 20, 17 @ 10:57 am
@ Former Downstater

The Illinois Policy Institute has been a leader with ACLU on this issue. https://www.illinoispolicy.org/reports/asset-forfeiture-in-illinois/

Comment by something Thursday, Jul 20, 17 @ 10:57 am
Too bad Sessions didn’t tell Trump he was going to recuse himself from Russia investigation. Then Trump could have kicked him to the curb and we wouldn’t have had to watch Sessions take the criminal justice system further into the dark ages. The guy is scary.

Comment by yo Thursday, Jul 20, 17 @ 11:00 am
Moose - the second I read that I had a semi-humorous thought of cops smoking confiscated reefer. Bad odor indeed.

Yo - yep. Jeff Session is certainly a major disappointment. I am equally disappointed that my guy Rand Paul voted for his confirmation.

Comment by Curl of the Burl Thursday, Jul 20, 17 @ 11:02 am
Funny bein’ local control/small govt types maifeets itself in 2017.

Comment by Annonin' Thursday, Jul 20, 17 @ 11:04 am
The GOP is ALWAYS for states rights and local control.

Except when they aren’t.

They’re also for personal liberty and staying out of people’s private lives.

Except when they aren’t.

Party of hypocrisy.

Comment by Joe Bidenopolous Thursday, Jul 20, 17 @ 11:05 am
I wonder what would happen if the coppers tried to seize some of Ken Griffin’s quid…

Asset forfeiture would be a thing of that past…and quick

Comment by Joe Bidenopolous Thursday, Jul 20, 17 @ 11:06 am
At the rate things are going in DC, Sessions may get the boot before this is fully implemented and states could have a shot at overturning. Alternatively, I agree with placing all the cash and other asset proceeds in GRF. I recall the non-sworn employee of ISP who was driving a confiscated Lexus to work a few years back.

Comment by Arthur Andersen Thursday, Jul 20, 17 @ 11:07 am
This should be an easy one for a now IPI-led administration. Can’t wait to see how they swing and miss again

Comment by Anonymous Thursday, Jul 20, 17 @ 11:10 am
Does Trump realize that means they can take all his stuff if they find Russian money.

Comment by David Thursday, Jul 20, 17 @ 11:11 am
In fairness, Jeff Sessions thinks it is still 1982 and he dreams that we can turn the clock back to 1962.

Nobody told him that the “tough on crime” plank of the GOP got tossed out when it became apparent that warehousing people costs a lot of tax money.

Comment by 47th Ward Thursday, Jul 20, 17 @ 11:13 am
Partnership to steal citizen property with no charges ever fired. Where is the freedom caucus when you need it? And the small government republicans?

Comment by NoGifts Thursday, Jul 20, 17 @ 11:14 am
Interestingly, Sessions is taking a lot of heat on this on a number of pro-Trump, right-wing boards (many have a libertarian streak).

Comment by lake county democrat Thursday, Jul 20, 17 @ 11:18 am
That’s nice. Encouraging law enforcement to ignore their state laws.

Comment by Demoralized Thursday, Jul 20, 17 @ 11:19 am
Curious early priority for our rock-ribbed “conservative” chief law enforcement officer. Guilty until you prove your innocence, at great expense.

Sessions is right about “partnership.” It’s a partnership among some gangster law enforcement agencies to rob citizens without due process of law.

The most successful ones even host for-profit seminars around the country on how to run the shakedown to create a steady “revenue stream.” Targeting out-of-state license plates is the first trick; don’t honk off your locals, unless it’s a big score.

It’s thoroughly un-American.

Comment by wordslinger Thursday, Jul 20, 17 @ 11:24 am
The urge to confiscate seems to have bi-partisan roots. Witness former La Salle County States Attorney Brian Towne’s (D) ad hoc “police force” that shook down travelers on I-80 for years until it was disbanded, and the go-along attitude of many local politicos. We shouldn’t excuse overreach by any official, no matter the initial after their name.

Comment by Six Degrees of Separation Thursday, Jul 20, 17 @ 12:07 pm
It seems at odd with the small buisness and liberyarian ideal. under this guideline a small business with cash on hand is subject to haveing it seized after an event or on route back home for little cause. Big brother to the extreme

Comment by Ghost Thursday, Jul 20, 17 @ 12:10 pm
This is one of those rare truly broad bi-partisan reforms that nearly everyone not named Jeff Sessions is on board with. But he’s the AG, and wants to take the approach to crime back multiple decades. So now we have to push local governments to make it their policy that our police won’t engage this DOJ program? Is that the way forward?

Comment by In 630 Thursday, Jul 20, 17 @ 12:20 pm
At least you can prosecute the Crips or Bloods if they try to steal your property.

Comment by Das Opinionator Thursday, Jul 20, 17 @ 12:44 pm
Perhaps asset forfeiture should apply to those who perpetuate illegal immigration. Arrest and seize the property of a few Koch types who hire the illegals and the racist based immigration policy is solved.

Comment by Neophyte Thursday, Jul 20, 17 @ 3:04 pm
“Furthermore, law enforcement agencies are not required under any law to report or account for their expenditures of monies received from distributions of forfeiture proceeds.”

Law enforcement agencies should be required by law to “to report or account for their expenditures of monies received from distributions of forfeiture proceeds.”

Comment by Mama Thursday, Jul 20, 17 @ 3:26 pm
What the heck happened to “One is innocent until proven Guilty”?

Comment by Mama Thursday, Jul 20, 17 @ 3:31 pm
= Ghost - Thursday, Jul 20, 17 @ 12:10 pm: =

They can seized your car/truck, house, etc. too.

Comment by Mama Thursday, Jul 20, 17 @ 3:34 pm