DOJ eyeing Americans ‘like ATMs,’ spending over $6 billion to aid civil asset forfeitures, watchdog says
One nonprofit law firm has raised alarm over the Department of Justice’s decision to pay more than $6 billion in private companies for asset forfeiture management. The police are accused of treating ordinary Americans “like ATMs” by seizing their money.
“You may have heard that you need to spend money to earn money. Here, the saying is ‘you must spend money to get money.'” Dan Alban, the head of the Institute for Justice’s National Initiative to End Forfeiture, said.
Asset forfeiture occurs when the government seizes property or money that it believes is linked to criminal activity. The majority of federal forfeitures are civil in nature, which means that the government may keep the property seized without ever accusing the owner of a crime.
In early 2018, the DOJ announced that it had awarded more than $6 billion worth of contracts to private companies for assistance in asset forfeiture investigations. According to DOJ records, contractors are expected to assist with everything from investigating assets and identifying them for seizure, to recording keeping and giving courtroom testimony.
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Alban stated that there are 6 billion reasons why civil forfeiture reform is needed now. “Congress must take action to stop law enforcement from treating ordinary Americans as ATMs.”
According to IJ, forfeiture generated over $45.7 billion for the federal government between 2000 and 2019. The proceeds are usually split between the federal and local agencies.
Alban stated that federal forfeiture was a large business. “And for law enforcement agencies who get to spend money from these funds, it’s an especially big business.”
The FBI promotes forfeiture, claiming it is an important tool to “disrupt and dismantle criminal and terrorist groups and punish criminals,” as well as “compensate victims and protect communities.”
In a release from 2017, the FBI stated that “Forfeiture is also a deterrent for others who may be considering criminal activity.”
IJ and other critics argue that forfeiture often targets innocent Americans. It is expensive and difficult to fight to recover seized property because forfeiture places the burden of proof squarely on the owner and not the government.
A client of IJ had her nest-egg seized by the FBI during a raid on U.S. Private Vaults by 2021 The FBI seized the contents of safety deposit boxes, including 86 million dollars in cash, and many millions in gold, silver and jewelry.
Martin told Fox News previously: “The FBI feels like they can get off with anything.” “I feel that it’s unfair.”
U.S. Private Vaults pleaded guilty later to money laundering. Martin and hundreds of other clients were not charged.
Other federal agencies, such as the Drug Enforcement Administration and the Postal Inspection Service, can also use forfeiture. The Border Patrol seizes more than $200 000 per day on average at the ports of entry in the United States. They have seized more than $41.3 millions so far during fiscal year 2023.
Alban warned that “everyone should be worried about this, because they could become a victim.” You could be the victim of a robbery, where your cash, car or home is seized to fund these funds.
In a previous IJ report, 78% of the forfeiture cases that DOJ handled between 2000 and 2019, were administrative. This means agencies seized properties with little or no judicial supervision.
He added, “If they spend billions to do this, it means that they are spending billions to target someone like you.”
